Amended in Senate September 6, 2013

Amended in Senate June 14, 2013

Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 787


Introduced by Assembly Member Stone

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(Coauthor: Senator Beall)

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February 21, 2013


An act to amend Sections 366.31,begin delete 388,end delete 391, 727, 11363, 11400, 11403,begin delete 11405,end delete 16120, 16501.1, and 16507.6 ofbegin insert, and to add Section 388.1 to,end insert the Welfare and Institutions Code, relating to foster care.

LEGISLATIVE COUNSEL’S DIGEST

AB 787, as amended, Stone. Foster care.

(1) Existing law provides that a minor who has been abused or neglected, or who has violated a law or ordinance, as specified, is within the jurisdiction of the juvenile court as a dependent child or a ward, respectively. Existing law also establishes the court’s transition jurisdiction over certain minors and nonminors, as specified.

Existing law requires the court to consider whether a nonminor dependent may safely reside in the home of the parent or guardian and, if the nonminor cannot reside safely in that home, or if it is not in the minor’s best interest to reside in the home, to consider whether to continue or terminate reunification services for the parent or legal guardian.

This bill wouldbegin delete requireend deletebegin insert authorizeend insert the court tobegin delete allowend deletebegin insert orderend insert a nonminor dependent to reside in the home of the parent orbegin insert formerend insert guardian if the court determines the nonminor dependent may safely reside in that home and to terminate or continue jurisdiction, as specified. The bill would require the court to hold periodic hearings for a nonminor dependent residing in that home and would require the social worker or probation officer to file a report describing the services offered to the family and the progress made by the family, as specified. By imposing new duties on social workers and probation officers, the bill would impose a state-mandated local program.

Existing law authorizes a court to resume dependency jurisdiction over a nonminor former dependent child of the juvenile court and to assume or resume transition jurisdiction over a nonminor former ward of the juvenile court if the nonminor meets specified eligibility criteria and signs a mutual transition or voluntary reentry agreement, as described.

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This bill would authorize, on and after January 1, 2014, a nonminor former dependent to petition the court for a hearing to determine whether to resume dependency jurisdiction over a former dependent, or to assume or resume transition jurisdiction over a former ward, as specified, if the nonminor was receiving specified forms of public assistance after 18 years of age and the nonminor’s former guardian or adoptive parent dies after the nonminor has reached 18 years of age, but before the nonminor reaches 21 years of age.

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begin insert

This bill would authorize, on and after January 1, 2014, a nonminor who has not attained 21 years of age to petition a specified court for a hearing to determine whether to assume dependency jurisdiction over him or her if he or she received public assistance after attaining 18 years of age, as specified, and the nonminor’s former guardian or guardians or adoptive parent or parents died after he or she attained 18 years of age, but before he or she attains 21 years of age. The bill would require the juvenile court in which the petition was filed to order a hearing within 15 judicial days of filing if there is a prima facie showing that the nonminor meets certain eligibility criteria. The bill would require the court, prior to the hearing, to order the county child welfare or probation department to prepare a report that addresses the nonminor’s educational or vocational plans, as specified, and recommendations for his or her placement. The bill would authorize the court to assume dependency jurisdiction over a former dependent or ward if, among other things, the nonminor intends and agrees to satisfy certain educational or vocational requirements and signs a voluntary reentry agreement. The bill would require the agency made responsible for the nonminor’s placement and care to prepare a new transitional independent living case plan for the nonminor within 60 calendar days of the date the nonminor signs the voluntary reentry agreement and to submit the plan to the court for review, as specified. By imposing new duties on social workers and probation officers, the bill would impose a state-mandated local program.

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(2) Existing law authorizes the court to make any reasonable orders for the care, supervision, custody, conduct, maintenance, and support of a minor who is adjudged a ward of the court, as specified, and to order the care, custody, and control of the minor to be under the supervision of the probation officer.

This bill would make those provisions applicable to nonminors. By imposing additional duties on probation officers, the bill would impose a state-mandated local program.

(3) Existing law governs the Aid to Families with Dependent Children-Foster Care Program and provides that nonminor dependents who meet specified criteria are eligible for assistance. Existing law requires that a legal guardian cooperate with the county welfare department, as specified, if those benefits are paid to an otherwise eligible child living with a nonrelated legal guardian, and requires the department to perform specified duties, including developing a written assessment of the child’s needs, when those benefits are applied for on behalf of a child living with a nonrelated legal guardian. These requirements do not apply to benefits paid to or on behalf of certain nonminor youth.

This bill would additionally provide that those requirements do not apply to benefits paid to or on behalf of nonminor youth whose nonrelated guardianship was ordered in probate court, as specified. The bill would also define a “transition dependent” for purposes of these provisions to mean a minor who is between 17 years and 5 months of age and 18 years of age who is subject to the court’s transition jurisdiction and would make other conforming and related changes.

(4) Existing law establishes the Adoption Assistance Program and specifies the eligibility criteria for benefits to children who received those benefits with respect to a prior adoption that has since been dissolved, as specified, or because the adoptive parents died and other specified criteria are met.

This bill would make those benefits available to nonminors.

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(5) This bill would incorporate additional changes in Sections 727 and 11400 of the Welfare and Institutions Code proposed by AB 346, to become operative only if AB 346 and this bill are both enacted and become effective on or before January 1, 2014, and this bill is enacted last.

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(5)

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begin insert(6)end insert The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P4    1

SECTION 1.  

Section 366.31 of the Welfare and Institutions
2Code
is amended to read:

3

366.31.  

(a) If a review hearing is the last review hearing to be
4held before the minor attains 18 years of age, the court shall ensure
5all of the following:

6(1) The minor’s case plan includes a plan for the minor to satisfy
7one or more of the participation conditions described in paragraphs
8(1) to (5), inclusive, of subdivision (b) of Section 11403, so that
9the minor is eligible to remain in foster care as a nonminor
10dependent.

11(2) The minor has been informed of his or her right to seek
12termination of dependency jurisdiction pursuant to Section 391,
13and understands the potential benefits of continued dependency.

14(3) The minor is informed of his or her right to have dependency
15reinstated pursuant to subdivision (e) of Section 388, and
16understands the potential benefits of continued dependency.

17(b) At the review hearing that occurs in the six-month period
18prior to the minor’s attaining 18 years of age, and at every
19subsequent review hearing for the nonminor dependent, as
20described in subdivision (v) of Section 11400, the report shall
21describe all of the following:

22(1) The minor’s and nonminor’s plans to remain in foster care
23and plans to meet one or more of the participation conditions as
24described in paragraphs (1) to (5), inclusive, of subdivision (b) of
P5    1Section 11403 to continue to receive AFDC-FC benefits as a
2nonminor dependent.

3(2) The efforts made and assistance provided to the minor and
4nonminor by the social worker or the probation officer so that the
5minor and nonminor will be able to meet the participation
6conditions.

7(3) Efforts toward completing the items described in paragraph
8(2) of subdivision (e) of Section 391.

9(c) The reviews conducted pursuant to this section for any
10nonminor dependent shall be conducted in a manner that respects
11the nonminor’s status as a legal adult, focused on the goals and
12services described in the youth’s transitional independent living
13case plan, as described in subdivision (y) of Section 11400,
14including efforts made to maintain connections with caring and
15permanently committed adults, and attended, as appropriate, by
16additional participants invited by the nonminor dependent.

17(d) For a nonminor dependent whose case plan is continued
18court-ordered family reunification services pursuant to Section
19361.6, the court shall consider whether the nonminor dependent
20may safely reside in the home of the parent or guardian. If the
21nonminor cannot reside safely in the home of the parent or
22guardian, or, if it is not in the nonminor dependent’s best interest
23to reside in the home of the parent or guardian, the court must
24consider whether to continue or terminate reunification services
25for the parent or legal guardian.

26(1) The review report shall include a discussion of all of the
27following:

28(A) Whether foster care placement continues to be necessary
29and appropriate.

30(B) The likely date by which the nonminor dependent may reside
31safely in the home of the parent or guardian or will achieve
32independence.

33(C) Whether the parent or guardian and nonminor dependent
34were actively involved in the development of the case plan.

35(D) Whether the social worker or probation officer has provided
36reasonable services designed to aid the parent or guardian to
37overcome the problems that led to the initial removal of the
38nonminor dependent.

P6    1(E) The extent of progress the parents or guardian have made
2toward alleviating or mitigating the causes necessitating placement
3in foster care.

4(F) Whether the nonminor dependent and parent, parents, or
5guardian are in agreement with the continuation of reunification
6services.

7(G) Whether continued reunification services are in the best
8interest of the nonminor dependent.

9(H) Whether there is a substantial probability that the nonminor
10dependent will be able to safely reside in the home of the parent
11or guardian by the next review hearing date.

12(I) The efforts to maintain the nonminor’s connections with
13caring and permanently committed adults.

14(J) The agency’s compliance with the nonminor dependent’s begin delete15 Transitional Independent Living Case Plan,end delete begin insert transitional
16independent living case plan,end insert
including efforts to finalize the
17nonminor’s permanent plan and prepare the nonminor dependent
18for independence.

19(K) The progress in providing the information and documents
20to the nonminor dependent as described in Section 391.

21(2) The court shall inquire about the progress being made to
22provide a permanent home for the nonminor, shall consider the
23safety of the nonminor dependent, and shall determine all of the
24following:

25(A) The continuing necessity for, and appropriateness of, the
26placement.

27(B) Whether the agency has made reasonable efforts to maintain
28relationships between the nonminor dependent and individuals
29who are important to the nonminor dependent.

30(C) The extent of the agency’s compliance with the case plan
31in making reasonable efforts, or, in the case of an Indian child,
32active efforts as described in Section 361.7, to create a safe home
33of the parent or guardian for the nonminor to reside in or to
34complete whatever steps are necessary to finalize the permanent
35placement of the nonminor dependent.

36(D) The extent of the agency’s compliance with the nonminor
37dependent’sbegin delete Transitional Independent Living Case Plan,end delete
38begin insert transitional independent living case plan,end insert including efforts to
39finalize the youth’s permanent plan and prepare the nonminor
40dependent for independence.

P7    1(E) The adequacy of services provided to the parent or guardian
2and to the nonminor dependent. The court shall consider the
3progress in providing the information and documents to the
4nonminor dependent as described in Section 391. The court shall
5also consider the need for, and progress in providing, the assistance
6and services described in Section 391.

7(F) The extent of progress the parents or legal guardians have
8made toward alleviating or mitigating the causes necessitating
9placement in foster care.

10(G) The likely date by which the nonminor dependent may
11safely reside in the home of the parent or guardian or, if the court
12is terminating reunification services, the likely date by which it is
13anticipated the nonminor dependent will achieve independence,
14or, for an Indian child, in consultation with the child’s tribe, placed
15for tribal customary adoption.

16(H) Whether the agency has made reasonable efforts as required
17in subparagraph (D) of paragraph (1) of subdivision (a) of Section
18366 to establish or maintain the nonminor dependent’s relationship
19with his or her siblings who are under the juvenile court’s
20jurisdiction.

21(I) The services needed to assist the nonminor dependent to
22make the transition from foster care to independent living.

23(J) Whether or not reasonable efforts to make and finalize a
24permanent placement for the nonminor have been made.

25(3) If the court determines that a nonminor dependent may safely
26reside in the home of the parent orbegin insert formerend insert guardian, the court begin deleteshall
27allow end delete
begin insert may order end insertthe nonminor dependent to return to the family
28home. After the nonminor dependent returns to the family home,
29the court may terminate jurisdiction and proceedbegin delete pursuant to
30paragraph (2) of subdivision (d) of, paragraphs (1), (6), (8), and
31(9) of subdivision (e) of, subparagraphs (A) to (I), inclusive, of
32paragraph (2) of subdivision (e) of, and subdivision (f) of,end delete
begin insert under
33applicable provisions ofend insert
Section 391 or continue jurisdiction as a
34nonminor under subdivision (a) of Section 303 and hold hearings
35as follows:

36(A) At every hearing for a nonminor dependent residing in the
37home of the parent or guardian, the court shall set a hearing within
38six months of the previous hearing. The court shall advise the
39parties of their right to be present. At least 10 calendar days prior
40to the hearing, the social worker or probation officer shall file a
P8    1report with the court describing the services offered to the family
2and the progress made by the family in eliminating the conditions
3or factors requiring court supervision. The report shall address all
4of the following:

5(i) Whether the parent or guardian and the nonminor dependent
6were actively involved in the development of the case plan.

7(ii) Whether the social worker or probation officer has provided
8reasonable services to eliminate the need for court supervision.

9(iii) The progress of providing information and documents to
10the nonminor dependent as described in Section 391.

11(B) The court shall inquire about progress being made, shall
12consider the safety of the nonminor dependent, and shall determine
13all of the following:

14(i) The continuing need for court supervision.

15(ii) The extent of the agency’s compliance with the case plan
16in making reasonable efforts to maintain a safe family home for
17the nonminor dependent.

18(C) If the court finds that court supervision is no longer
19necessary, the court shallbegin delete set a hearing to terminate jurisdiction
20and proceed pursuant to paragraph(2) of subdivision (d) of,
21paragraphs (1), (6), (8), and (9) of subdivision (e) of, subparagraphs
22(A) to (I), inclusive, of paragraph (2) of subdivision (e) of, and
23subdivision (f) of,end delete
begin insert terminate jurisdiction under applicable
24provisions ofend insert
Section 391.

25(e) For a nonminor dependent who is no longer receiving
26 court-ordered family reunification services and is in a permanent
27plan of planned permanent living arrangement, at the review
28hearing held every six months pursuant to subdivision (d) of
29Section 366.3, the reviewing body shall inquire about the progress
30being made to provide permanent connections with caring,
31committed adults for the nonminor dependent, shall consider the
32safety of the nonminor, shall consider the Transitional Independent
33Living Case Plan, and shall determine all of the following:

34(1) The continuing necessity for, and appropriateness of, the
35placement.

36(2) The continuing appropriateness and extent of compliance
37with the permanent plan for the nonminor dependent, including
38efforts to identify and maintain relationships with individuals who
39are important to the nonminor dependent.

P9    1(3) The extent of the agency’s compliance with the nonminor
2dependent’sbegin delete Transitional Independent Living Case Plan,end delete
3begin insert transitional independent living case plan,end insert including whether or
4not reasonable efforts have been made to make and finalize the
5youth’s permanent plan and prepare the nonminor dependent for
6independence.

7(4) Whether a prospective adoptive parent has been identified
8and assessed as appropriate for the nonminor dependent’s adoption
9under this section, whether the prospective adoptive parent has
10been informed about the terms of the written negotiated adoption
11assistance agreement pursuant to Section 16120, and whether
12adoption should be ordered as the nonminor dependent’s permanent
13plan. If nonminor dependent adoption is ordered as the nonminor
14dependent’s permanent plan, a hearing pursuant to subdivision (f)
15shall be held within 60 days. When the court orders a hearing
16pursuant to subdivision (f), it shall direct the agency to prepare a
17report that shall include the provisions of paragraph (5) of
18 subdivision (f).

19(5) For the nonminor dependent who is an Indian child, whether,
20in consultation with the nonminor’s tribe, the nonminor should be
21placed for tribal customary adoption.

22(6) The adequacy of services provided to the nonminor
23dependent. The court shall consider the progress in providing the
24information and documents to the nonminor dependent as described
25in Section 391. The court shall also consider the need for, and
26progress in providing, the assistance and services described in
27Section 391.

28(7) The likely date by which it is anticipated the nonminor
29dependent will achieve adoption or independence.

30(8) Whether the agency has made reasonable efforts as required
31in subparagraph (D) of paragraph (1) of subdivision (a) of Section
32366 to establish or maintain the nonminor dependent’s relationship
33with his or her siblings who are under the juvenile court’s
34jurisdiction.

35(9) The services needed to assist the nonminor dependent to
36make the transition from foster care to independent living.

37(f) (1) At a hearing to consider a permanent plan of adoption
38for a nonminor dependent, the court shall read and consider the
39report in paragraph (5) and receive other evidence that the parties
40may present. A copy of the executed negotiated agreement shall
P10   1be attached to the report. If the court finds pursuant to this section
2that nonminor dependent adoption is the appropriate permanent
3plan, it shall make findings and orders to do the following:

4(A) Approve the adoption agreement and declare the nonminor
5dependent is the adopted child of the adoptive parent, and that the
6nonminor dependent and adoptive parents agree to assume toward
7each other the legal relationship of parents and child and to have
8all of the rights and be subject to all of the duties and
9responsibilities of that relationship.

10(B) Declare that the birth parents of the nonminor dependent
11are, from the time of the adoption, relieved of all parental duties
12toward, and responsibility for, the adopted nonminor dependent
13and have no rights over the adopted nonminor dependent.

14(2) If the court finds that the nonminor dependent and the
15prospective adoptive parent have mutually consented to the
16adoption, the court may enter the adoption order after it determines
17all of the following:

18(A) Whether the notice was given as required by law.

19(B) Whether the nonminor dependent and prospective adoptive
20parent are present for the hearing.

21(C) Whether the court has read and considered the assessment
22prepared by the social worker or probation officer.

23(D) Whether the court considered the wishes of the nonminor
24dependent.

25(E) If the nonminor dependent is eligible, the prospective
26adoptive parent has signed the negotiated adoption assistance
27agreement pursuant to subdivision (g) of Section 16120, and
28whether a copy of the executed negotiated agreement is attached
29to the report.

30(F) Whether the adoption is in the best interest of the nonminor
31dependent.

32(3) If the court orders the establishment of the nonminor
33dependent adoption, it shall dismiss dependency or transitional
34jurisdiction.

35(4) If the court does not order the establishment of the nonminor
36dependent adoption, the nonminor dependent shall remain in a
37planned permanent living arrangement subject to periodic review
38of the juvenile court pursuant to this section.

39(5) At least 10 calendar days before the hearing, the social
40worker or probation officer shall file a report with the court and
P11   1provide a copy of the report to all parties. The report shall describe
2the following:

3(A) Whether or not the nonminor dependent has any
4developmental disability and whether the proposed adoptive parent
5is suitable to meet the needs of the nonminor dependent.

6(B) The length and nature of the relationship between the
7prospective adoptive parent and the nonminor dependent, including
8whether the prospective adoptive parent has been determined to
9have been established as the nonminor’s permanent connection.

10(C) Whether the nonminor dependent has been determined to
11be eligible for the adoption assistance program, and if so, whether
12the prospective adoptive parent has signed the negotiated adoption
13assistance agreement pursuant to subdivision (g) of Section 16120.

14(D) Whether a copy of the executed negotiated agreement is
15attached to the report.

16(E) Whether criminal background clearances were completed
17for the prospective adoptive parent as required by Section
18671(a)(2)(A) and (c) of Title 42 of the United States Code.

19(F) Whether the prospective adoptive parent who is married and
20 not legally separated from that spouse has the consent of the
21spouse, provided that the spouse is capable of giving that consent.

22(G) Whether the adoption of the nonminor dependent is in the
23best interests of the nonminor dependent and the prospective
24adoptive parent.

25(H) Whether the nonminor dependent and the prospective
26adoptive parent have mutually consented to the adoption.

27(6) The social worker or probation officer shall serve written
28notice of the hearing in the manner and to the persons set forth in
29Section 295, including the prospective adoptive parent or parents,
30except that notice to the nonminor’s birth parents is not required.

31(7) Nothing in this section shall prevent a nonminor dependent
32from filing an adoption petition pursuant to Section 9300 of the
33Family Code.

34(g) Each licensed foster family agency shall submit reports for
35each nonminor dependent in its care to the court concerning the
36continuing appropriateness and extent of compliance with the
37nonminor dependent’s permanent plan, the extent of compliance
38with thebegin delete Transitional Independent Living Case Plan,end deletebegin insert transitional
39independent living case plan,end insert
and the type and adequacy of services
40provided to the nonminor dependent. The report shall document
P12   1that the nonminor has received all the information and
2documentation described in paragraph (2) of subdivision (e) of
3Section 391. If the court is considering terminating dependency
4jurisdiction for a nonminor dependent it shall first hold a hearing
5pursuant to Section 391.

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6

SEC. 2.  

Section 388 of the Welfare and Institutions Code is
7amended to read:

8

388.  

(a) (1) Any parent or other person having an interest in
9a child who is a dependent child of the juvenile court or a nonminor
10dependent as defined in subdivision (v) of Section 11400, or the
11child himself or herself or the nonminor dependent through a
12properly appointed guardian may, upon grounds of change of
13circumstance or new evidence, petition the court in the same action
14in which the child was found to be a dependent child of the juvenile
15court or in which a guardianship was ordered pursuant to Section
16360 for a hearing to change, modify, or set aside any order of court
17previously made or to terminate the jurisdiction of the court. The
18petition shall be verified and, if made by a person other than the
19child or the nonminor dependent shall state the petitioner’s
20relationship to or interest in the child or the nonminor dependent
21and shall set forth in concise language any change of circumstance
22or new evidence that is alleged to require the change of order or
23termination of jurisdiction.

24(2) When any party, including a child who is a dependent of the
25juvenile court, petitions the court prior to an order terminating
26parental rights, to modify the order that reunification services were
27not needed pursuant to paragraphs (4), (5), and (6) of subdivision
28(b) of Section 361.5, or to modify any orders related to custody or
29visitation of the subject child, and the court orders a hearing
30pursuant to subdivision (d), the court shall modify the order that
31reunification services were not needed pursuant to paragraphs (4),
32(5), and (6) of subdivision (b) of Section 361.5, or any orders
33related to the custody or visitation of the child for whom
34reunification services were not ordered pursuant to paragraphs (4),
35(5), and (6) of subdivision (b) of Section 361.5, only if the court
36finds by clear and convincing evidence that the proposed change
37is in the best interests of the child.

38(b) Any person, including a child or the nonminor dependent
39who is a dependent of the juvenile court, may petition the court to
40assert a relationship as a sibling related by blood, adoption, or
P13   1affinity through a common legal or biological parent to a child
2who is, or is the subject of a petition for adjudication as, a
3dependent of the juvenile court, and may request visitation with
4the dependent child, placement with or near the dependent child,
5or consideration when determining or implementing a case plan
6or permanent plan for the dependent child or make any other
7request for an order which may be shown to be in the best interest
8of the dependent child. The court may appoint a guardian ad litem
9to file the petition for the dependent child asserting the sibling
10relationship if the court determines that the appointment is
11necessary for the best interests of the dependent child. The petition
12shall be verified and shall set forth the following:

13(1) Through which parent he or she is related to the dependent
14child.

15(2) Whether he or she is related to the dependent child by blood,
16adoption, or affinity.

17(3) The request or order that the petitioner is seeking.

18(4) Why that request or order is in the best interest of the
19dependent child.

20(c) (1) Any party, including a child who is a dependent of the
21juvenile court, may petition the court, prior to the hearing set
22pursuant to subdivision (f) of Section 366.21 for a child described
23by subparagraph (A) of paragraph (1) of subdivision (a) of Section
24361.5, or prior to the hearing set pursuant to subdivision (e) of
25Section 366.21 for a child described by subparagraph (B) or (C)
26of paragraph (1) of subdivision (a) of Section 361.5, to terminate
27court-ordered reunification services provided under subdivision
28(a) of Section 361.5 only if one of the following conditions exists:

29(A) It appears that a change of circumstance or new evidence
30exists that satisfies a condition set forth in subdivision (b) or (e)
31of Section 361.5 justifying termination of court-ordered
32reunification services.

33(B) The action or inaction of the parent or guardian creates a
34substantial likelihood that reunification will not occur, including,
35but not limited to, the parent’s or guardian’s failure to visit the
36child, or the failure of the parent or guardian to participate regularly
37and make substantive progress in a court-ordered treatment plan.

38(2) In determining whether the parent or guardian has failed to
39visit the child or participate regularly or make progress in the
40treatment plan, the court shall consider factors that include, but
P14   1are not limited to, the parent’s or guardian’s incarceration,
2institutionalization, detention by the United States Department of
3Homeland Security, deportation, or participation in a court-ordered
4residential substance abuse treatment program.

5(3) The court shall terminate reunification services during the
6above-described time periods only upon a finding by a
7preponderance of evidence that reasonable services have been
8offered or provided, and upon a finding of clear and convincing
9evidence that one of the conditions in subparagraph (A) or (B) of
10paragraph (1) exists.

11(4) Any party, including a nonminor dependent, as defined in
12 subdivision (v) of Section 11400, may petition the court prior to
13the review hearing set pursuant to subdivision (d) of Section 366.31
14to terminate the continuation of court-ordered family reunification
15services for a nonminor dependent who has attained 18 years of
16age. The court shall terminate family reunification services to the
17parent or guardian if the nonminor dependent or parent or guardian
18are not in agreement that the continued provision of court-ordered
19family reunification services is in the best interests of the nonminor
20dependent.

21(5) If the court terminates reunification services, it shall order
22that a hearing pursuant to Section 366.26 be held within 120 days.
23On and after January 1, 2012, a hearing pursuant to Section 366.26
24shall not be ordered if the child is a nonminor dependent. The court
25may order a nonminor dependent who is otherwise eligible to
26AFDC-FC benefits pursuant to Section 11403 to remain in a
27planned, permanent living arrangement.

28(d) If it appears that the best interests of the child or the
29nonminor dependent may be promoted by the proposed change of
30order, modification of reunification services, custody, or visitation
31orders concerning a child for whom reunification services were
32not ordered pursuant to paragraphs (4), (5), and (6) of subdivision
33(b) of Section 361.5, recognition of a sibling relationship,
34termination of jurisdiction, or clear and convincing evidence
35supports revocation or termination of court-ordered reunification
36services, the court shall order that a hearing be held and shall give
37prior notice, or cause prior notice to be given, to the persons and
38in the manner prescribed by Section 386, and, in those instances
39in which the manner of giving notice is not prescribed by those
40sections, then in the manner the court prescribes.

P15   1(e) (1) (A) On and after January 1, 2012, a nonminor who
2attained 18 years of age while subject to an order for foster care
3placement and, commencing January 1, 2012, who has not attained
419 years of age, or, commencing January 1, 2013, 20 years of age,
5or, commencing January 1, 2014, 21 years of age, or as described
6in Section 10103.5, for whom the court has dismissed dependency
7jurisdiction pursuant to Section 391, or delinquency jurisdiction
8pursuant to Section 607.2, or transition jurisdiction pursuant to
9Section 452, but has retained general jurisdiction under subdivision
10(b) of Section 303, or the county child welfare services, probation
11department, or tribal placing agency on behalf of the nonminor,
12may petition the court in the same action in which the child was
13found to be a dependent or delinquent child of the juvenile court,
14for a hearing to resume the dependency jurisdiction over a former
15dependent or to assume or resume transition jurisdiction over a
16former delinquent ward pursuant to Section 450. The petition shall
17be filed within the period that the nonminor is of the age described
18in this paragraph. If the nonminor has completed the voluntary
19reentry agreement, as described in subdivision (z) of Section 11400,
20with the placing agency, the agency shall file the petition on behalf
21of the nonminor within 15 judicial days of the date the agreement
22was signed unless the nonminor elects to file the petition at an
23earlier date.

24(B) On and after January 1, 2014, a nonminor who has not
25attained 21 years of age may petition the court in the same action
26in which the nonminor was previously found to be a dependent or
27delinquent child of the juvenile court, for a hearing to determine
28whether to resume dependency jurisdiction over a former
29dependent, or to assume or resume transition jurisdiction over a
30former ward pursuant to Section 450, as applicable, if the nonminor
31comes within the description set forth in one of the following:

32(i) He or she attained 18 years of age while subject to an order
33for foster care placement.

34(ii) He or she is a former dependent, as defined in subdivision
35(aa) of Section 11400, who was receiving aid after 18 years of age
36pursuant to Kin-GAP under Article 4.5 (commencing with Section
3711360) or Article 4.7 (commencing with Section 11385) of Chapter
382 of Part 3 of Division 9 and the nonminor former dependent’s
39former guardian dies after the nonminor turns 18 years of age but
40before the nonminor turns 21 years of age.

P16   1(iii) He or she is a nonminor former dependent who was
2receiving aid after 18 years of age pursuant to subdivision (e) of
3Section 11405 and the nonminor former dependent’s former
4guardian dies after the nonminor turns 18 years of age but before
5the nonminor turns 21 years of age.

6(iv) He or she is a nonminor who was receiving adoption
7assistance payments after 18 years of age as specified in Chapter
82.1 (commencing with Section 16115) of Part 4 of Division 9 and
9the nonminor’s adoptive parent dies after the nonminor turns 18
10years of age but before the nonminor turns 21 years of age.

11(2) (A) The petition to resume jurisdiction may be filed in the
12juvenile court that retains general jurisdiction under subdivision
13(b) of Section 303, or the petition may be submitted to the juvenile
14court in the county where the youth resides and forwarded to the
15juvenile court that retained general jurisdiction and filed with that
16court. The juvenile court having general jurisdiction under Section
17303 shall receive the petition from the court where the petition
18was submitted within five court days of its submission, if the
19petition is filed in the county of residence. The juvenile court that
20retained general jurisdiction shall order that a hearing be held
21within 15 judicial days of the date the petition was filed if there is
22a prima facie showing that the nonminor satisfies the following
23criteria:

24(i) He or she was previously under juvenile court jurisdiction,
25subject to an order for foster care placement when he or she
26attained 18 years of age, and has not attained the age limits
27described in paragraph (1).

28(ii) He or she intends to satisfy at least one of the conditions set
29forth in paragraphs (1) to (5), inclusive, of subdivision (b) of
30Section 11403.

31(iii) He or she wants assistance either in maintaining or securing
32appropriate supervised placement, or is in need of immediate
33placement and agrees to supervised placement pursuant to the
34voluntary reentry agreement as described in subdivision (z) of
35Section 11400.

36(B)  Upon ordering a hearing, the court shall give prior notice,
37or cause prior notice to be given, to the persons and by the means
38prescribed by Section 386, except that notice to parents or former
39guardians shall not be provided unless the nonminor requests, in
P17   1writing on the face of the petition, notice to the parents or former
2guardians.

3(3) The Judicial Council, by January 1, 2012, shall adopt rules
4of court to allow for telephonic appearances by nonminor former
5dependents or delinquents in these proceedings, and for telephonic
6appearances by nonminor dependents in any proceeding in which
7the nonminor dependent is a party, and he or she declines to appear
8and elects a telephonic appearance.

9(4) Prior to the hearing on a petition to resume dependency
10jurisdiction or to assume or resume transition jurisdiction, the court
11shall order the county child welfare or probation department to
12prepare a report for the court addressing whether the nonminor
13intends to satisfy at least one of the criteria set forth in subdivision
14(b) of Section 11403. When the recommendation is for the
15nonminor dependent to be placed in a setting where minor
16dependents also reside, the results of a background check of the
17petitioning nonminor conducted pursuant to Section 16504.5, may
18be used by the placing agency to determine appropriate placement
19options for the nonminor. The existence of a criminal conviction
20is not a bar to eligibility for reentry or resumption of dependency
21jurisdiction or the assumption or resumption of transition
22jurisdiction over a nonminor.

23(5) (A) The court shall resume dependency jurisdiction over a
24former dependent or assume or resume transition jurisdiction over
25a former delinquent ward pursuant to Section 450, and order that
26the nonminor’s placement and care be under the responsibility of
27the county child welfare services department, the probation
28department, tribe, consortium of tribes, or tribal organization, if
29the court finds all of the following:

30(i) The nonminor was previously under juvenile court
31jurisdiction subject to an order for foster care placement when he
32or she attained 18 years of age.

33(ii) The nonminor has not attained the age limits described in
34paragraph (1).

35(iii) Reentry and remaining in foster care are in the nonminor’s
36best interests.

37(iv) The nonminor intends to satisfy, and agrees to satisfy, at
38least one of the criteria set forth in paragraphs (1) to (5), inclusive,
39of subdivision (b) of Section 11403, and demonstrates his or her
40agreement to placement in a supervised setting under the placement
P18   1and care responsibility of the placing agency and to satisfy the
2criteria by signing the voluntary reentry agreement as described
3in subdivision (z) of Section 11400.

4(B) In no event shall the court grant a continuance that would
5cause the hearing to resume dependency jurisdiction or to assume
6or resume transition jurisdiction to be completed more than 120
7days after the date the petition was filed.

8(C) The agency made responsible for the nonminor’s placement
9and care pursuant to subparagraph (A) shall prepare a new
10transitional independent living case plan within 60 calendar days
11from the date the nonminor signed the voluntary reentry agreement
12as described in subdivision (z) of Section 11400 and submit it to
13the court for the review hearing under Section 366.31, to be held
14within 70 days of the resumption of dependency jurisdiction or
15assumption or resumption of transition jurisdiction. In no event
16shall the review hearing under Section 366.3 be held more than
17170 calendar days from the date the nonminor signed the voluntary
18reentry agreement.

end delete
19begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 388.1 is added to the end insertbegin insertWelfare and Institutions
20Code
end insert
begin insert, to read:end insert

begin insert
21

begin insert388.1.end insert  

(a) On and after January 1, 2014, a nonminor who has
22not attained 21 years of age may petition the court in which he or
23she was previously found to be a dependent or delinquent child of
24the juvenile court for a hearing to determine whether to assume
25dependency jurisdiction over the nonminor, if he or she meets
26either of the following descriptions:

27(1) He or she is a nonminor former dependent, as defined in
28subdivision (aa) of Section 11400, who received aid after attaining
2918 years of age under Kin-GAP pursuant to Article 4.5
30(commencing with Section 11360) or Article 4.7 (commencing with
31Section 11385) of Chapter 2 of Part 3 of Division 9, or pursuant
32to subdivision (e) of Section 11405, and whose former guardian
33or guardians died after the nonminor attained 18 years of age, but
34before he or she attains 21 years of age.

35(2) He or she is a nonminor who received adoption assistance
36payments after attaining 18 years of age pursuant to Chapter 2.1
37(commencing with Section 16115) of Part 4 of Division 9 and his
38or her adoptive parent or parents died after the nonminor attained
3918 years of age, but before he or she attains 21 years of age.

P19   1(b) (1) The petition to assume jurisdiction may be filed in either
2of the following:

3(A) The juvenile court that established the guardianship
4pursuant to Section 360, Section 366.26, or subdivision (d) of
5Section 728.

6(B) The juvenile court that had jurisdiction over the minor or
7nonminor dependent when his or her adoption was finalized.

8(2) A nonminor described in subdivision (a) may submit a
9petition to assume dependency jurisdiction to the juvenile court
10in the county where he or she resides. A petition submitted pursuant
11to this paragraph shall, within five days of submission, be
12forwarded to the court that had jurisdiction over the child at the
13time of the guardianship or adoption. The clerk of the court that
14had jurisdiction over the child at the time of the guardianship or
15adoption shall file the petition within one judicial day of receipt.

16(c) (1) The juvenile court in which the petition was filed shall
17order a hearing to be held within 15 judicial days of the date the
18petition was filed if there is a prima facie showing that the
19nonminor satisfies the all of the following criteria:

20(A) He or she was a minor under juvenile court jurisdiction at
21the time of the establishment of a guardianship pursuant to Section
22360, Section 366.26, or subdivision (d) of Section 728, or he or
23she was a minor or nonminor dependent when his or her adoption
24was finalized.

25(B) His or her guardian or guardians, or adoptive parent or
26parents, as applicable, died after the nonminor attained 18 years
27of age, but before he or she attained 21 years of age.

28(C) He or she intends to satisfy at least one of the conditions
29set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of
30Section 11403.

31(D) He or she is requesting assistance in maintaining or
32securing appropriate supervised placement, or needs immediate
33placement and agrees to supervised placement pursuant to the
34voluntary reentry agreement described in subdivision (z) of Section
35 11400.

36(2) Upon ordering a hearing, the court shall give prior notice,
37or cause prior notice to be given, to the nonminor, the appropriate
38child welfare agency or probation department, and any other
39person requested by the nonminor in the petition.

P20   1(3) Pursuant to applicable rules of court, the juvenile court
2shall allow for telephonic appearances by the nonminor in these
3proceedings and in any proceeding in which the nonminor
4dependent is a party.

5(4) Prior to the hearing, the court shall order the county child
6welfare or probation department to prepare a report for the court
7that addresses both of the following:

8(A) The nonminor’s plans to satisfy at least one of the criteria
9set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of
10Section 11403.

11(B) The appropriate placement setting for the nonminor. When
12the recommendation is for the nonminor to be placed in a setting
13where minor dependents also reside, the results of a background
14check of the petitioning nonminor conducted pursuant to Section
1516504.5 may be used by the placing agency to determine
16appropriate placement options for him or her.

17(5) The court shall assume dependency jurisdiction over a
18former dependent or ward, and order his or her placement and
19care be under the responsibility of the county child welfare services
20department, the probation department, tribe, consortium of tribes,
21or tribal organization, if the court finds all of the following:

22(A) The nonminor was a minor under juvenile court jurisdiction
23at the time of the establishment of a guardianship pursuant to
24Section 360, Section 366.26, or subdivision (d) of Section 728, or
25he or she was a dependent at the time his or her adoption was
26finalized.

27(B) The nonminor has not attained 21 years of age.

28(C) Reentry and remaining in foster care are in the nonminor’s
29best interests.

30(D) The nonminor intends to satisfy, and agrees to satisfy, at
31least one of the criteria set forth in paragraphs (1) to (5), inclusive,
32of subdivision (b) of Section 11403, and demonstrates his or her
33agreement to placement in a supervised setting under the placement
34and care responsibility of the placing agency by signing the
35voluntary reentry agreement described in subdivision (z) of Section
3611400.

37(6) The existence of a criminal conviction is not a bar to
38eligibility for reentry to foster care or assumption of dependency
39jurisdiction over a nonminor.

P21   1(7) The court shall not grant a continuance that would cause
2the hearing to be completed more than 120 days after the date the
3petition is filed.

4(d) The agency made responsible for the nonminor’s placement
5and care pursuant to paragraph (5) of subdivision (c) shall prepare
6a new transitional independent living case plan within 60 calendar
7days of the date the nonminor signs the voluntary reentry
8agreement and shall submit the plan to the court for the review
9hearing specified in Section 366.31, to be held within 70 days of
10the assumption of dependency jurisdiction. The review hearing
11under Section 366.31 shall not be held more than 170 calendar
12days from the date the nonminor signs the voluntary reentry
13agreement.

14(e) (1) A nonminor described in subdivision (a) may enter into
15a voluntary reentry agreement as defined in subdivision (z) of
16Section 11400 in order to establish eligibility for foster care
17benefits under subdivision (e) of Section 11401 before or after
18filing a petition to assume dependency jurisdiction. If the nonminor
19enters into a voluntary reentry agreement prior to filing the
20petition, the nonminor is entitled to placement and supervision
21pending the court’s assumption of jurisdiction.

22(2) If the nonminor completes a voluntary reentry agreement
23with a placing agency, the placing agency shall file the petition to
24assume dependency jurisdiction on behalf of the nonminor within
2515 judicial days of the date the agreement is signed, unless the
26nonminor elects to file the petition at an earlier date.

end insert
27

SEC. 3.  

Section 391 of the Welfare and Institutions Code is
28amended to read:

29

391.  

(a) The dependency court shall not terminate jurisdiction
30over a nonminor unless a hearing is conducted pursuant to this
31section.

32(b) At any hearing for a nonminor at which the court is
33considering termination of the jurisdiction of the juvenile court,
34the county welfare department shall do all of the following:

35(1) Ensure that the dependent nonminor is present in court,
36unless the nonminor does not wish to appear in court, and elects
37a telephonic appearance, or document reasonable efforts made by
38the county welfare department to locate the nonminor when the
39nonminor is not available.

P22   1(2) Submit a report describing whether it is in the nonminor’s
2best interests to remain under the court’s dependency jurisdiction,
3which includes a recommended transitional independent living
4case plan for the nonminor when the report describes continuing
5dependency jurisdiction as being in the nonminor’s best interest.

6(3) If the county welfare department recommends termination
7of the court’s dependency jurisdiction, submit documentation of
8the reasonable efforts made by the department to provide the
9nonminor with the assistance needed to meet or maintain eligibility
10as a nonminor dependent, as defined in paragraphs (1) to (5),
11inclusive, of subdivision (b) of Section 11403.

12(4) If the nonminor has indicated that he or she does not want
13dependency jurisdiction to continue, the report shall address the
14manner in which the nonminor was advised of his or her options,
15including the benefits of remaining in foster care, and of his or her
16right to reenter foster care and to file a petition pursuant to
17subdivision (e) of Section 388 to resume dependency jurisdiction
18prior to attaining 21 years of age.

19(c) (1) The court shall continue dependency jurisdiction over
20a nonminor who meets the definition of a nonminor dependent as
21described in subdivision (v) of Section 11400 unless the court finds
22either of the following:

23(A) That the nonminor does not wish to remain subject to
24dependency jurisdiction.

25(B) That the nonminor is not participating in a reasonable and
26appropriate transitional independent living case plan.

27(2) In making the findings pursuant to paragraph (1), the court
28must also find that the nonminor has been informed of his or her
29options including the benefits of remaining in foster care and the
30right to reenter foster care by filing a petition pursuant to
31subdivision (e) of Section 388 to resume dependency jurisdiction
32and by completing a voluntary reentry agreement pursuant to
33subdivision (z) of Section 11400, and has had an opportunity to
34confer with his or her counsel if counsel has been appointed
35pursuant to Section 317.

36(d) (1) The court may terminate its jurisdiction over a nonminor
37if the court finds after reasonable and documented efforts the
38nonminor cannot be located.

39(2) When terminating dependency jurisdiction the court shall
40maintain general jurisdiction over the nonminor to allow for the
P23   1filing of a petition to resume dependency jurisdiction under
2subdivision (e) of Section 388 until the nonminor attains 21 years
3of age, although no review proceedings shall be required. A
4nonminor may petition the court pursuant to subdivision (e) of
5Section 388 to resume dependency jurisdiction at any time before
6attaining 21 years of age.

7(e) The court shall not terminate dependency jurisdiction over
8a nonminor who has attained 18 years of age until a hearing is
9conducted pursuant to this section and the department has
10submitted a report verifying that the following information,
11documents, and services have been provided to the nonminor, or
12in the case of a nonminor who, after reasonable efforts by the
13 county welfare department, cannot be located, verifying the efforts
14made to make the following available to the nonminor:

15(1) Written information concerning the nonminor’s case,
16including any known information regarding the nonminor’s Indian
17heritage or tribal connections, if applicable, his or her family
18history and placement history, any photographs of the nonminor
19or his or her family in the possession of the county welfare
20department, other than forensic photographs, the whereabouts of
21any siblings under the jurisdiction of the juvenile court, unless the
22court determines that sibling contact would jeopardize the safety
23or welfare of the sibling, directions on how to access the documents
24the nonminor is entitled to inspect under Section 827, and the date
25on which the jurisdiction of the juvenile court would be terminated.

26(2) The following documents:

27(A) Social security card.

28(B) Certified copy of his or her birth certificate.

29(C) Health and education summary, as described in subdivision
30(a) of Section 16010.

31(D) Driver’s license, as described in Section 12500 of the
32Vehicle Code, or identification card, as described in Section 13000
33of the Vehicle Code.

34(E) A letter prepared by the county welfare department that
35includes the following information:

36(i) The nonminor’s name and date of birth.

37(ii) The dates during which the nonminor was within the
38jurisdiction of the juvenile court.

P24   1(iii) A statement that the nonminor was a foster youth in
2compliance with state and federal financial aid documentation
3requirements.

4(F) If applicable, the death certificate of the parent or parents.

5(G) If applicable, proof of the nonminor’s citizenship or legal
6residence.

7(H) An advance healthcare directive form.

8(I) The Judicial Council form that the nonminor would use to
9file a petition pursuant to subdivision (e) of Section 388 to resume
10dependency jurisdiction.

11(J) The written 90-day transition plan prepared pursuant to
12Section 16501.1.

13(3) Assistance in completing an application for Medi-Cal or
14assistance in obtaining other health insurance.

15(4) Referrals to transitional housing, if available, or assistance
16in securing other housing.

17(5) Assistance in obtaining employment or other financial
18support.

19(6) Assistance in applying for admission to college or to a
20vocational training program or other educational institution and
21in obtaining financial aid, where appropriate.

22(7) Assistance in maintaining relationships with individuals
23who are important to a nonminor who has been in out-of-home
24placement for six months or longer from the date the nonminor
25entered foster care, based on the nonminor’s best interests.

26(8) For nonminors between 18 and 21 years of age, assistance
27in accessing the Independent Living Aftercare Program in the
28nonminor’s county of residence, and, upon the nonminor’s request,
29assistance in completing a voluntary reentry agreement for care
30and placement pursuant to subdivision (z) of Section 11400 and
31in filing a petition pursuant to subdivision (e) of Section 388 to
32resume dependency jurisdiction.

33(9) Written information notifying the child that current or former
34dependent children who are or have been in foster care are granted
35a preference for student assistant or internship positions with state
36agencies pursuant to Section 18220 of the Government Code. The
37preference shall be granted to applicants up to 26 years of age.

38(f) At the hearing closest to and before a dependent minor’s
3918th birthday and every review hearing thereafter for nonminors,
40the department shall submit a report describing efforts toward
P25   1completing the items described in paragraph (2) of subdivision
2(e).

3(g) The Judicial Council shall develop and implement standards,
4and develop and adopt appropriate forms necessary to implement
5this provision.

6(h) This section shall become operative on January 1, 2012.

begin delete
7

SEC. 4.  

Section 727 of the Welfare and Institutions Code is
8amended to read:

9

727.  

(a) (1) If a minor or nonminor is adjudged a ward of the
10court on the ground that he or she is a person described by Section
11601 or 602, the court may make any reasonable orders for the care,
12supervision, custody, conduct, maintenance, and support of the
13minor or nonminor, including medical treatment, subject to further
14order of the court.

15(2) In the discretion of the court, a ward may be ordered to be
16on probation without supervision of the probation officer. The
17court, in so ordering, may impose on the ward any and all
18 reasonable conditions of behavior as may be appropriate under
19this disposition. A minor or nonminor who has been adjudged a
20ward of the court on the basis of the commission of any of the
21offenses described in subdivision (b) or paragraph (2) of
22subdivision (d) of Section 707, Section 459 of the Penal Code, or
23subdivision (a) of Section 11350 of the Health and Safety Code,
24shall not be eligible for probation without supervision of the
25probation officer. A minor or nonminor who has been adjudged a
26ward of the court on the basis of the commission of any offense
27involving the sale or possession for sale of a controlled substance,
28except misdemeanor offenses involving marijuana, as specified in
29Chapter 2 (commencing with Section 11053) of Division 10 of the
30Health and Safety Code, or of an offense in violation of Section
3132625 of the Penal Code, shall be eligible for probation without
32supervision of the probation officer only when the court determines
33that the interests of justice would best be served and states reasons
34on the record for that determination.

35(3) In all other cases, the court shall order the care, custody, and
36control of the minor or nonminor to be under the supervision of
37the probation officer who may place the minor or nonminor in any
38of the following:

39(A) The approved home of a relative or the approved home of
40a nonrelative, extended family member, as defined in Section
P26   1362.7. If a decision has been made to place the minor in the home
2of a relative, the court may authorize the relative to give legal
3consent for the minor’s medical, surgical, and dental care and
4education as if the relative caretaker were the custodial parent of
5the minor.

6(B) A suitable licensed community care facility.

7(C) With a foster family agency to be placed in a suitable
8licensed foster family home or certified family home which has
9been certified by the agency as meeting licensing standards.

10(D) (i) Every minor adjudged a ward of the juvenile court who
11is residing in a placement as defined in subparagraphs (A) to (C),
12inclusive, shall be entitled to participate in age-appropriate
13extracurricular, enrichment, and social activities. No state or local
14regulation or policy may prevent, or create barriers to, participation
15in those activities. Each state and local entity shall ensure that
16private agencies that provide foster care services to wards have
17policies consistent with this section and that those agencies promote
18and protect the ability of wards to participate in age-appropriate
19extracurricular, enrichment, and social activities. A group home
20administrator, a facility manager, or his or her responsible designee,
21and a caregiver, as defined in paragraph (1) of subdivision (a) of
22Section 362.04, shall use a reasonable and prudent parent standard,
23as defined in paragraph (2) of subdivision (a) of Section 362.04,
24in determining whether to give permission for a minor residing in
25foster care to participate in extracurricular, enrichment, and social
26activities. A group home administrator, a facility manager, or his
27or her responsible designee, and a caregiver shall take reasonable
28steps to determine the appropriateness of the activity taking into
29consideration the minor’s age, maturity, and developmental level.

30(ii) A group home administrator or a facility manager, or his or
31her responsible designee, is encouraged to consult with social work
32or treatment staff members who are most familiar with the minor
33at the group home in applying and using the reasonable and prudent
34parent standard.

35(E) For nonminors, an approved supervised independent living
36setting as defined in Section 11400, including a residential housing
37unit certified by a licensed transitional housing placement provider.

38(b) (1) To facilitate coordination and cooperation among
39agencies, the court may, at any time after a petition has been filed,
40after giving notice and an opportunity to be heard, join in the
P27   1juvenile court proceedings any agency that the court determines
2has failed to meet a legal obligation to provide services to a minor,
3for whom a petition has been filed under Section 601 or 602, to a
4nonminor, as described in Section 303, or to a nonminor dependent,
5as defined in subdivision (v) of Section 11400. In any proceeding
6in which an agency is joined, the court shall not impose duties
7upon the agency beyond those mandated by law. The purpose of
8joinder under this section is to ensure the delivery and coordination
9of legally mandated services to the minor. The joinder shall not
10be maintained for any other purpose. Nothing in this section shall
11prohibit agencies that have received notice of the hearing on joinder
12from meeting prior to the hearing to coordinate services.

13(2) The court has no authority to order services unless it has
14been determined through the administrative process of an agency
15that has been joined as a party, that the minor, nonminor, or
16nonminor dependent is eligible for those services. With respect to
17mental health assessment, treatment, and case management services
18pursuant to Chapter 26.5 (commencing with Section 7570) of
19Division 7 of Title 1 of the Government Code, the court’s
20determination shall be limited to whether the agency has complied
21with that chapter.

22(3) For the purposes of this subdivision, “agency” means any
23governmental agency or any private service provider or individual
24that receives federal, state, or local governmental funding or
25reimbursement for providing services directly to a child, nonminor,
26or nonminor dependent.

27(c) If a minor has been adjudged a ward of the court on the
28ground that he or she is a person described in Section 601 or 602,
29and the court finds that notice has been given in accordance with
30Section 661, and if the court orders that a parent or guardian shall
31retain custody of that minor either subject to or without the
32supervision of the probation officer, the parent or guardian may
33be required to participate with that minor in a counseling or
34education program, including, but not limited to, parent education
35and parenting programs operated by community colleges, school
36districts, or other appropriate agencies designated by the court.

37(d) The juvenile court may direct any reasonable orders to the
38parents and guardians of the minor who is the subject of any
39proceedings under this chapter as the court deems necessary and
40proper to carry out subdivisions (a), (b), and (c) including orders
P28   1to appear before a county financial evaluation officer, to ensure
2the minor’s regular school attendance, and to make reasonable
3efforts to obtain appropriate educational services necessary to meet
4the needs of the minor.

5If counseling or other treatment services are ordered for the
6minor, the parent, guardian, or foster parent shall be ordered to
7participate in those services, unless participation by the parent,
8guardian, or foster parent is deemed by the court to be inappropriate
9or potentially detrimental to the minor.

end delete
10begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 727 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
11amended to read:end insert

12

727.  

(a) (1) If a minorbegin insert or nonminorend insert is adjudged a ward of the
13court on the ground that he or she is a person described by Section
14601 or 602, the court may make any reasonable orders for the care,
15supervision, custody, conduct, maintenance, and support of the
16begin delete minor,end deletebegin insert minor or nonminor,end insert including medical treatment, subject
17to further order of the court.

18(2) In the discretion of the court, a ward may be ordered to be
19on probation without supervision of the probation officer. The
20court, in so ordering, may impose on the ward any and all
21reasonable conditions of behavior as may be appropriate under
22this disposition. A minorbegin insert or nonminorend insert who has been adjudged a
23ward of the court on the basis of the commission of any of the
24offenses described in subdivision (b) or paragraph (2) of
25subdivision (d) of Section 707, Section 459 of the Penal Code, or
26subdivision (a) of Section 11350 of the Health and Safety Code,
27shall not be eligible for probation without supervision of the
28probation officer. A minorbegin insert or nonminorend insert who has been adjudged a
29ward of the court on the basis of the commission of any offense
30involving the sale or possession for sale of a controlled substance,
31except misdemeanor offenses involving marijuana, as specified in
32Chapter 2 (commencing with Section 11053) of Division 10 of the
33Health and Safety Code, or of an offense in violation of Section
3432625 of the Penal Code, shall be eligible for probation without
35supervision of the probation officer only when the court determines
36that the interests of justice would best be served and states reasons
37on the record for that determination.

38(3) In all other cases, the court shall order the care, custody, and
39control of the minorbegin insert or nonminorend insert to be under the supervision of
P29   1the probation officer who may place the minorbegin insert or nonminorend insert in any
2of the following:

3(A) The approved home of a relative or the approved home of
4a nonrelative, extended family member, as defined in Section
5362.7. If a decision has been made to place the minor in the home
6of a relative, the court may authorize the relative to give legal
7consent for the minor’s medical, surgical, and dental care and
8education as if the relative caretaker were the custodial parent of
9the minor.

10(B) A suitable licensed community care facility.begin delete A placement
11of a child in a community care facility, as specified in Section
121530.8 of the Health and Safety Code, shall be made in accordance
13with Section 319.2 or 319.3, as applicable, and with paragraph (8)
14or (9) of subdivision (e) of Section 361.2, as applicable.end delete

15(C) With a foster family agency to be placed in a suitable
16licensed foster family home or certified family home which has
17been certified by the agency as meeting licensing standards.

18(D) (i) Every minor adjudged a ward of the juvenile court who
19is residing in a placement as defined in subparagraphs (A) to (C),
20inclusive, shall be entitled to participate in age-appropriate
21extracurricular, enrichment, and social activities. No state or local
22regulation or policy may prevent, or create barriers to, participation
23in those activities. Each state and local entity shall ensure that
24private agencies that provide foster care services to wards have
25policies consistent with this section and that those agencies promote
26and protect the ability of wards to participate in age-appropriate
27extracurricular, enrichment, and social activities. A group home
28administrator, a facility manager, or his or her responsible designee,
29and a caregiver, as defined in paragraph (1) of subdivision (a) of
30Section 362.04, shall use a reasonable and prudent parent standard,
31as defined in paragraph (2) of subdivision (a) of Section 362.04,
32 in determining whether to give permission for a minor residing in
33foster care to participate in extracurricular, enrichment, and social
34activities. A group home administrator, a facility manager, or his
35or her responsible designee, and a caregiver shall take reasonable
36steps to determine the appropriateness of the activity taking into
37consideration the minor’s age, maturity, and developmental level.

38(ii) A group home administrator or a facility manager, or his or
39her responsible designee, is encouraged to consult with social work
40or treatment staff members who are most familiar with the minor
P30   1at the group home in applying and using the reasonable and prudent
2parent standard.

begin insert

3(E) For nonminors, an approved supervised independent living
4setting as defined in Section 11400, including a residential housing
5unit certified by a licensed transitional housing placement provider.

end insert

6(b) (1) To facilitate coordination and cooperation among
7agencies, the court may, at any time after a petition has been filed,
8after giving notice and an opportunity to be heard, join in the
9juvenile court proceedings any agency that the court determines
10has failed to meet a legal obligation to provide services to a minor,
11for whom a petition has been filed under Section 601 or 602, to a
12nonminor, as described in Section 303, or to a nonminor dependent,
13as defined in subdivision (v) of Section 11400. In any proceeding
14in which an agency is joined, the court shall not impose duties
15upon the agency beyond those mandated by law. The purpose of
16joinder under this section is to ensure the delivery and coordination
17of legally mandated services to the minor. The joinder shall not
18be maintained for any other purpose. Nothing in this section shall
19prohibit agencies that have received notice of the hearing on joinder
20from meeting prior to the hearing to coordinate services.

21(2) The court has no authority to order services unless it has
22been determined through the administrative process of an agency
23that has been joined as a party, that the minor, nonminor, or
24nonminor dependent is eligible for those services. With respect to
25mental health assessment, treatment, and case management services
26pursuant to Chapter 26.5 (commencing with Section 7570) of
27Division 7 of Title 1 of the Government Code, the court’s
28determination shall be limited to whether the agency has complied
29with that chapter.

30(3) For the purposes of this subdivision, “agency” means any
31governmental agency or any private service provider or individual
32that receives federal, state, or local governmental funding or
33reimbursement for providing services directly to a child, nonminor,
34or nonminor dependent.

35(c) If a minor has been adjudged a ward of the court on the
36ground that he or she is a person described in Section 601 or 602,
37and the court finds that notice has been given in accordance with
38Section 661, and if the court orders that a parent or guardian shall
39retain custody of that minor either subject to or without the
40supervision of the probation officer, the parent or guardian may
P31   1be required to participate with that minor in a counseling or
2educationbegin delete programend deletebegin insert program,end insert including, but not limited to, parent
3education and parenting programs operated by community colleges,
4school districts, or other appropriate agencies designated by the
5court.

6(d) The juvenile court may direct any reasonable orders to the
7parents and guardians of the minor who is the subject of any
8proceedings under this chapter as the court deems necessary and
9proper to carry out subdivisions (a), (b), and (c) including orders
10to appear before a county financial evaluation officer, to ensure
11the minor’s regular school attendance, and to make reasonable
12efforts to obtain appropriate educational services necessary to meet
13the needs of the minor.

14If counseling or other treatment services are ordered for the
15minor, the parent, guardian, or foster parent shall be ordered to
16participate in those services, unless participation by the parent,
17guardian, or foster parent is deemed by the court to be inappropriate
18or potentially detrimental to the minor.

19begin insert

begin insertSEC. 4.5.end insert  

end insert

begin insertSection 727 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
20amended to read:end insert

21

727.  

(a) (1) If a minorbegin insert or nonminorend insert is adjudged a ward of the
22court on the ground that he or she is a person described by Section
23601 or 602, the court may make any reasonable orders for the care,
24supervision, custody, conduct, maintenance, and support of the
25begin delete minor,end deletebegin insert minor or nonminor,end insert including medical treatment, subject
26to further order of the court.

27(2) In the discretion of the court, a ward may be ordered to be
28on probation without supervision of the probation officer. The
29court, in so ordering, may impose on the ward any and all
30reasonable conditions of behavior as may be appropriate under
31this disposition. A minorbegin insert or nonminorend insert who has been adjudged a
32ward of the court on the basis of the commission of any of the
33offenses described in subdivision (b) or paragraph (2) of
34subdivision (d) of Section 707, Section 459 of the Penal Code, or
35subdivision (a) of Section 11350 of the Health and Safety Code,
36shall not be eligible for probation without supervision of the
37probation officer. A minorbegin insert or nonminorend insert who has been adjudged a
38ward of the court on the basis of the commission of any offense
39involving the sale or possession for sale of a controlled substance,
40except misdemeanor offenses involving marijuana, as specified in
P32   1Chapter 2 (commencing with Section 11053) of Division 10 of the
2Health and Safety Code, or of an offense in violation of Section
332625 of the Penal Code, shall be eligible for probation without
4supervision of the probation officer only when the court determines
5that the interests of justice would best be served and states reasons
6on the record for that determination.

7(3) In all other cases, the court shall order the care, custody, and
8control of the minorbegin insert or nonminorend insert to be under the supervision of
9the probation officer who may place the minorbegin insert or nonminorend insert in any
10of the following:

11(A) The approved home of a relative or the approved home of
12a nonrelative, extended family member, as defined in Section
13362.7. If a decision has been made to place the minor in the home
14of a relative, the court may authorize the relative to give legal
15consent for the minor’s medical, surgical, and dental care and
16education as if the relative caretaker were the custodial parent of
17the minor.

18(B) A suitable licensed community carebegin delete facilityend deletebegin insert facility, except
19a runaway and homeless youth shelter licensed by the State
20Department of Social Services pursuant to Section 1502.35 of the
21Health and Safety Codeend insert
.begin delete A placement of a child in a community
22care facility, as specified in Section 1530.8 of the Health and Safety
23Code, shall be made in accordance with Section 319.2 or 319.3,
24as applicable, and with paragraph (8) or (9) of subdivision (e) of
25Section 361.2, as applicable.end delete

26(C) With a foster family agency to be placed in a suitable
27licensed foster family home or certified family home which has
28been certified by the agency as meeting licensing standards.

29(D) (i) Every minor adjudged a ward of the juvenile court who
30is residing in a placement as defined in subparagraphs (A) to (C),
31inclusive, shall be entitled to participate in age-appropriate
32extracurricular, enrichment, and social activities. No state or local
33regulation or policy may prevent, or create barriers to, participation
34in those activities. Each state and local entity shall ensure that
35private agencies that provide foster care services to wards have
36policies consistent with this section and that those agencies promote
37and protect the ability of wards to participate in age-appropriate
38extracurricular, enrichment, and social activities. A group home
39administrator, a facility manager, or his or her responsible designee,
40and a caregiver, as defined in paragraph (1) of subdivision (a) of
P33   1Section 362.04, shall use a reasonable and prudent parent standard,
2as defined in paragraph (2) of subdivision (a) of Section 362.04,
3in determining whether to give permission for a minor residing in
4foster care to participate in extracurricular, enrichment, and social
5activities. A group home administrator, a facility manager, or his
6or her responsible designee, and a caregiver shall take reasonable
7steps to determine the appropriateness of the activity taking into
8consideration the minor’s age, maturity, and developmental level.

9(ii) A group home administrator or a facility manager, or his or
10her responsible designee, is encouraged to consult with social work
11or treatment staff members who are most familiar with the minor
12at the group home in applying and using the reasonable and prudent
13parent standard.

begin insert

14(E) For nonminors, an approved supervised independent living
15setting as defined in Section 11400, including a residential housing
16unit certified by a licensed transitional housing placement provider.

end insert

17(b) (1) To facilitate coordination and cooperation among
18agencies, the court may, at any time after a petition has been filed,
19after giving notice and an opportunity to be heard, join in the
20juvenile court proceedings any agency that the court determines
21has failed to meet a legal obligation to provide services to a minor,
22for whom a petition has been filed under Section 601 or 602, to a
23nonminor, as described in Section 303, or to a nonminor dependent,
24as defined in subdivision (v) of Section 11400. In any proceeding
25in which an agency is joined, the court shall not impose duties
26upon the agency beyond those mandated by law. The purpose of
27 joinder under this section is to ensure the delivery and coordination
28of legally mandated services to the minor. The joinder shall not
29be maintained for any other purpose. Nothing in this section shall
30prohibit agencies that have received notice of the hearing on joinder
31from meeting prior to the hearing to coordinate services.

32(2) The court has no authority to order services unless it has
33been determined through the administrative process of an agency
34that has been joined as a party, that the minor, nonminor, or
35nonminor dependent is eligible for those services. With respect to
36mental health assessment, treatment, and case management services
37pursuant to Chapter 26.5 (commencing with Section 7570) of
38Division 7 of Title 1 of the Government Code, the court’s
39determination shall be limited to whether the agency has complied
40with that chapter.

P34   1(3) For the purposes of this subdivision, “agency” means any
2governmental agency or any private service provider or individual
3that receives federal, state, or local governmental funding or
4reimbursement for providing services directly to a child, nonminor,
5or nonminor dependent.

6(c) If a minor has been adjudged a ward of the court on the
7ground that he or she is a person described in Section 601 or 602,
8and the court finds that notice has been given in accordance with
9Section 661, and if the court orders that a parent or guardian shall
10retain custody of that minor either subject to or without the
11supervision of the probation officer, the parent or guardian may
12be required to participate with that minor in a counseling or
13educationbegin delete programend deletebegin insert program,end insert including, but not limited to, parent
14education and parenting programs operated by community colleges,
15school districts, or other appropriate agencies designated by the
16court.

17(d) The juvenile court may direct any reasonable orders to the
18parents and guardians of the minor who is the subject of any
19proceedings under this chapter as the court deems necessary and
20proper to carry out subdivisions (a), (b), and (c) including orders
21to appear before a county financial evaluation officer, to ensure
22the minor’s regular school attendance, and to make reasonable
23efforts to obtain appropriate educational services necessary to meet
24the needs of the minor.

25If counseling or other treatment services are ordered for the
26minor, the parent, guardian, or foster parent shall be ordered to
27participate in those services, unless participation by the parent,
28guardian, or foster parent is deemed by the court to be inappropriate
29or potentially detrimental to the minor.

30

SEC. 5.  

Section 11363 of the Welfare and Institutions Code is
31amended to read:

32

11363.  

(a) Aid in the form of state-funded Kin-GAP shall be
33provided under this article on behalf of any child under 18 years
34of age and to any eligible youth under 19 years of age as provided
35in Section 11403, who satisfies all of the following conditions:

36(1) Has been adjudged a dependent child of the juvenile court
37pursuant to Section 300, or, effective October 1, 2006, a ward of
38the juvenile court pursuant to Section 601 or 602.

39(2) Has been residing for at least six consecutive months in the
40approved home of the prospective relative guardian while under
P35   1the jurisdiction of the juvenile court or a voluntary placement
2agreement.

3(3) Has had a kinship guardianship established pursuant to
4Section 360 or 366.26.

5(4) Has had his or her dependency jurisdiction terminated after
6January 1, 2000, pursuant to Section 366.3, or his or her wardship
7terminated pursuant to subdivision (d) of Section 728, concurrently
8or subsequently to the establishment of the kinship guardianship.

9(b) If the conditions specified in subdivision (a) are met and,
10subsequent to the termination of dependency jurisdiction, any
11parent or person having an interest files with the juvenile court a
12petition pursuant to Section 388 to change, modify, or set aside an
13order of the court, Kin-GAP payments shall continue unless and
14until the juvenile court, after holding a hearing, orders the child
15removed from the home of the guardian, terminates the
16guardianship, or maintains dependency jurisdiction after the court
17concludes the hearing on the petition filed under Section 388.

18(c) A child or nonminor former dependent or ward shall be
19eligible for Kin-GAP payments if he or she meets one of the
20following age criteria:

21(1) He or she is under 18 years of age.

22(2) He or she is under 21 years of age and has a physical or
23mental disability that warrants the continuation of assistance.

24(3) Through December 31, 2011, he or she satisfies the
25conditions of Section 11403, and on and after January 1, 2012, he
26or she satisfies the conditions of Section 11403.01.

27(4) He or she satisfies the conditions as described in subdivision
28(d).

29(d) Commencing January 1, 2012, state-funded Kin-GAP
30 payments shall continue for youths who have attained 18 years of
31age and who are under 19 years of age, if they reached 16 years
32of age before the Kin-GAP negotiated agreement payments
33commenced, and as described in Section 10103.5. Effective January
341, 2013, Kin-GAP payments shall continue for youths who have
35attained 18 years of age and are under 20 years of age, if they
36reached 16 years of age before the Kin-GAP negotiated agreement
37payments commenced, and as described in Section 10103.5.
38Effective January 1, 2014, Kin-GAP payments shall continue for
39youths who have attained 18 years of age and are under 21 years
40of age, if they reached 16 years of age before the Kin-GAP
P36   1negotiated agreement payments commenced. To be eligible for
2continued payments, the youth shall satisfy one or more of the
3conditions specified in paragraphs (1) to (5), inclusive, of
4subdivision (b) of Section 11403.

5(e) Termination of the guardianship with a kinship guardian
6shall terminate eligibility for Kin-GAP unless the conditions in
7Section 11403 apply; provided, however, that if an alternate
8guardian or coguardian is appointed pursuant to Section 366.3 who
9is also a kinship guardian, the alternate or coguardian shall be
10entitled to receive Kin-GAP on behalf of the child pursuant to this
11article. A new period of six months of placement with the alternate
12guardian or coguardian shall not be required if that alternate
13guardian or coguardian has been assessed pursuant to Sections
14361.3 and 361.4 and the court terminates dependency jurisdiction.
15When a nonminor former dependent is receiving Kin-GAP after
1618 years of age and the nonminor former dependent’s former
17guardian dies, the nonminor former dependent may petition the
18court for a hearing pursuant to subdivision (e) of Section 388.

19

SEC. 6.  

Section 11400 of the Welfare and Institutions Code is
20amended to read:

21

11400.  

For the purposes of this article, the following definitions
22shall apply:

23(a) “Aid to Families with Dependent Children-Foster Care
24(AFDC-FC)” means the aid provided on behalf of needy children
25in foster care under the terms of this division.

26(b) “Case plan” means a written document that, at a minimum,
27specifies the type of home in which the child shall be placed, the
28safety of that home, and the appropriateness of that home to meet
29the child’s needs. It shall also include the agency’s plan for
30ensuring that the child receive proper care and protection in a safe
31environment, and shall set forth the appropriate services to be
32provided to the child, the child’s family, and the foster parents, in
33order to meet the child’s needs while in foster care, and to reunify
34the child with the child’s family. In addition, the plan shall specify
35the services that will be provided or steps that will be taken to
36facilitate an alternate permanent plan if reunification is not possible.

37(c) “Certified family home” means a family residence certified
38by a licensed foster family agency and issued a certificate of
39approval by that agency as meeting licensing standards, and used
40only by that foster family agency for placements.

P37   1(d) “Family home” means the family residence of a licensee in
2which 24-hour care and supervision are provided for children.

3(e) “Small family home” means any residential facility, in the
4licensee’s family residence, which provides 24-hour care for six
5or fewer foster children who have mental disorders or
6developmental or physical disabilities and who require special care
7and supervision as a result of their disabilities.

8(f) “Foster care” means the 24-hour out-of-home care provided
9to children whose own families are unable or unwilling to care for
10them, and who are in need of temporary or long-term substitute
11parenting.

12(g) “Foster family agency” means any individual or organization
13engaged in the recruiting, certifying, and training of, and providing
14 professional support to, foster parents, or in finding homes or other
15places for placement of children for temporary or permanent care
16who require that level of care as an alternative to a group home.
17Private foster family agencies shall be organized and operated on
18a nonprofit basis.

19(h) “Group home” means a nondetention privately operated
20residential home, organized and operated on a nonprofit basis only,
21of any capacity, or a nondetention licensed residential care home
22operated by the County of San Mateo with a capacity of up to 25
23beds, that provides services in a group setting to children in need
24of care and supervision, as required by paragraph (1) of subdivision
25(a) of Section 1502 of the Health and Safety Code.

26(i) “Periodic review” means review of a child’s status by the
27juvenile court or by an administrative review panel, that shall
28include a consideration of the safety of the child, a determination
29of the continuing need for placement in foster care, evaluation of
30the goals for the placement and the progress toward meeting these
31goals, and development of a target date for the child’s return home
32or establishment of alternative permanent placement.

33(j) “Permanency planning hearing” means a hearing conducted
34by the juvenile court in which the child’s future status, including
35whether the child shall be returned home or another permanent
36plan shall be developed, is determined.

37(k) “Placement and care” refers to the responsibility for the
38welfare of a child vested in an agency or organization by virtue of
39the agency or organization having (1) been delegated care, custody,
40and control of a child by the juvenile court, (2) taken responsibility,
P38   1pursuant to a relinquishment or termination of parental rights on
2a child, (3) taken the responsibility of supervising a child detained
3by the juvenile court pursuant to Section 319 or 636, or (4) signed
4a voluntary placement agreement for the child’s placement; or to
5the responsibility designated to an individual by virtue of his or
6her being appointed the child’s legal guardian.

7(l) “Preplacement preventive services” means services that are
8designed to help children remain with their families by preventing
9or eliminating the need for removal.

10(m) “Relative” means an adult who is related to the child by
11blood, adoption, or affinity within the fifth degree of kinship,
12including stepparents, stepsiblings, and all relatives whose status
13is preceded by the words “great,” “great-great,” or “grand” or the
14spouse of any of these persons even if the marriage was terminated
15by death or dissolution.

16(n) “Nonrelative extended family member” means an adult
17caregiver who has an established familial or mentoring relationship
18with the child, as described in Section 362.7.

19(o) “Voluntary placement” means an out-of-home placement
20of a child by (1) the county welfare department, probation
21department, or Indian tribe that has entered into an agreement
22pursuant to Section 10553.1, after the parents or guardians have
23requested the assistance of the county welfare department and have
24signed a voluntary placement agreement; or (2) the county welfare
25department licensed public or private adoption agency, or the
26department acting as an adoption agency, after the parents have
27requested the assistance of either the county welfare department,
28the licensed public or private adoption agency, or the department
29acting as an adoption agency for the purpose of adoption planning,
30and have signed a voluntary placement agreement.

31(p) “Voluntary placement agreement” means a written agreement
32between either the county welfare department, probation
33department, or Indian tribe that has entered into an agreement
34pursuant to Section 10553.1, licensed public or private adoption
35agency, or the department acting as an adoption agency, and the
36parents or guardians of a child that specifies, at a minimum, the
37following:

38(1) The legal status of the child.

39(2) The rights and obligations of the parents or guardians, the
40child, and the agency in which the child is placed.

P39   1(q) “Original placement date” means the most recent date on
2which the court detained a child and ordered an agency to be
3responsible for supervising the child or the date on which an agency
4assumed responsibility for a child due to termination of parental
5rights, relinquishment, or voluntary placement.

6(r) (1) “Transitional housing placement provider” means an
7organization licensed by the State Department of Social Services
8pursuant to Section 1559.110 of the Health and Safety Code, to
9provide transitional housing to foster children at least 16 years of
10age and not more than 18 years of age, and nonminor dependents,
11as defined in subdivision (v). A transitional housing placement
12provider shall be privately operated and organized on a nonprofit
13basis.

14(2) Prior to licensure, a provider shall obtain certification from
15the applicable county, in accordance with Section 16522.1.

16(s) “Transitional Housing Program-Plus” means a provider
17certified by the applicable county, in accordance with subdivision
18(c) of Section 16522, to provide transitional housing services to
19former foster youth who have exited the foster care system on or
20after their 18th birthday.

21(t) “Whole family foster home” means a new or existing family
22home, approved relative caregiver or nonrelative extended family
23member’s home, the home of a nonrelated legal guardian whose
24guardianship was established pursuant to Section 360 or 366.26,
25certified family home, or a host family home placement of a
26 transitional housing placement provider, that provides foster care
27for a minor or nonminor dependent parent and his or her child,
28and is specifically recruited and trained to assist the minor or
29nonminor dependent parent in developing the skills necessary to
30provide a safe, stable, and permanent home for his or her child.
31The child of the minor or nonminor dependent parent need not be
32the subject of a petition filed pursuant to Section 300 to qualify
33for placement in a whole family foster home.

34(u) “Mutual agreement” means any of the following:

35(1) A written voluntary agreement of consent for continued
36placement and care in a supervised setting between a minor or, on
37and after January 1, 2012, a nonminor dependent, and the county
38welfare services or probation department or tribal agency
39responsible for the foster care placement, that documents the
40nonminor’s continued willingness to remain in supervised
P40   1out-of-home placement under the placement and care of the
2responsible county, tribe, consortium of tribes, or tribal
3organization that has entered into an agreement with the state
4pursuant to Section 10553.1, remain under the jurisdiction of the
5juvenile court as a nonminor dependent, and report any change of
6circumstances relevant to continued eligibility for foster care
7payments, and that documents the nonminor’s and social worker’s
8or probation officer’s agreement to work together to facilitate
9implementation of the mutually developed supervised placement
10agreement and transitional independent living case plan.

11(2) An agreement, as described in paragraph (1), between a
12nonminor former dependent or ward in receipt of Kin-GAP
13payments under Article 4.5 (commencing with Section 11360) or
14Article 4.7 (commencing with Section 11385), and the agency
15responsible for the Kin-GAP benefits, provided that the nonminor
16former dependent or ward satisfies the conditions described in
17Section 11403.01, or one or more of the conditions described in
18paragraphs (1) to (5), inclusive, of subdivision (b) of Section
1911403. For purposes of this paragraph and paragraph (3),
20“nonminor former dependent or ward” has the same meaning as
21described in subdivision (aa).

22(3) An agreement, as described in paragraph (1), between a
23nonminor former dependent or ward in receipt of AFDC-FC
24payments under subdivision (e) or (f) of Section 11405 and the
25agency responsible for the AFDC-FC benefits, provided that the
26nonminor former dependent or ward described in subdivision (e)
27of Section 11405 satisfies one or more of the conditions described
28in paragraphs (1) to (5), inclusive, of subdivision (b) of Section
2911403, and the nonminor described in subdivision (f) of Section
3011405 satisfies the secondary school or equivalent training or
31certificate program conditions described in that subdivision.

32(v) “Nonminor dependent” means, on and after January 1, 2012,
33a foster child, as described in Section 675(8)(B) of Title 42 of the
34United States Code under the federal Social Security Act who is
35a current dependent child or ward of the juvenile court, or is a
36nonminor under the transition jurisdiction of the juvenile court, as
37described in Section 450, who satisfies all of the following criteria:

38(1) He or she has attained 18 years of age while under an order
39of foster care placement by the juvenile court, and is not more than
4019 years of age on or after January 1, 2012, not more than 20 years
P41   1of age on or after January 1, 2013, or not more than 21 years of
2age on or after January 1, 2014, and as described in Section
310103.5.

4(2) He or she is in foster care under the placement and care
5responsibility of the county welfare department, county probation
6department, Indian tribe, consortium of tribes, or tribal organization
7that entered into an agreement pursuant to Section 10553.1.

8(3) He or she has a transitional independent living case plan
9pursuant to Section 475(8) of the federal Social Security Act (42
10U.S.C. Sec. 675(8)), as contained in the federal Fostering
11Connections to Success and Increasing Adoptions Act of 2008
12(Public Law 110-351), as described in Section 11403.

13(w) “Supervised independent living placement” means, on and
14after January 1, 2012, an independent supervised setting, as
15specified in a nonminor dependent’s transitional independent living
16case plan, in which the youth is living independently, pursuant to
17 Section 472(c)(2) of the Social Security Act (42 U.S.C. Sec.
18672(c)(2)).

19(x) “Supervised independent living setting,” pursuant to Section
20472(c)(2) of the federal Social Security Act (42 U.S.C. Sec.
21672(c)(2)), includes both a supervised independent living
22placement, as defined in subdivision (w), and a residential housing
23unit certified by the transitional housing placement provider
24operating a Transitional Housing Placement-Plus Foster Care
25program, as described in paragraph (2) of subdivision (a) of Section
2616522.1.

27(y) “Transitional independent living case plan” means, on or
28after January 1, 2012, a child’s case plan submitted for the last
29review hearing held before he or she reaches 18 years of age or
30the nonminor dependent’s case plan, updated every six months,
31that describes the goals and objectives of how the nonminor will
32make progress in the transition to living independently and assume
33incremental responsibility for adult decisionmaking, the
34collaborative efforts between the nonminor and the social worker,
35probation officer, or Indian tribal placing entity and the supportive
36services as described in the transitional independent living plan
37(TILP) to ensure active and meaningful participation in one or
38more of the eligibility criteria described in paragraphs (1) to (5),
39inclusive, of subdivision (b) of Section 11403, the nonminor’s
40appropriate supervised placement setting, and the nonminor’s
P42   1permanent plan for transition to living independently, which
2includes maintaining or obtaining permanent connections to caring
3and committed adults, as set forth in paragraph (16) of subdivision
4(f) of Section 16501.1.

5(z) “Voluntary reentry agreement” means a written voluntary
6agreement between a former dependent child or ward or a former
7nonminor dependent, who has had juvenile court jurisdiction
8terminated pursuant to Section 391, 452, or 607.2, and the county
9welfare or probation department or tribal placing entity that
10 documents the nonminor’s desire and willingness to reenter foster
11care, to be placed in a supervised setting under the placement and
12care responsibility of the placing agency, the nonminor’s desire,
13willingness, and ability to immediately participate in one or more
14of the conditions of paragraphs (1) to (5), inclusive, of subdivision
15(b) of Section 11403, the nonminor’s agreement to work
16collaboratively with the placing agency to develop his or her
17transitional independent living case plan within 60 days of reentry,
18the nonminor’s agreement to report any changes of circumstances
19relevant to continued eligibility for foster care payments, and (1)
20the nonminor’s agreement to participate in the filing of a petition
21for juvenile court jurisdiction as a nonminor dependent pursuant
22to subdivision (e) of Section 388 within 15 judicial days of the
23signing of the agreement and the placing agency’s efforts and
24supportive services to assist the nonminor in the reentry process,
25or (2) if the nonminor meets the definition of a nonminor former
26dependent or ward, as described in subdivision (aa), the nonminor’s
27agreement to return to the care and support of his or her former
28juvenile court-appointed guardian and meet the eligibility criteria
29for AFDC-FC pursuant to subdivision (e) of Section 11405.

30(aa) “Nonminor former dependent or ward” means, on and after
31January 1, 2012, either of the following:

32(1) A nonminor who reached 18 years of age while subject to
33an order for foster care placement, and for whom dependency,
34delinquency, or transition jurisdiction has been terminated, and
35who is still under the general jurisdiction of the court.

36(2) A nonminor who is over 18 years of age and, while a minor,
37was a dependent child or ward of the juvenile court when the
38guardianship was established pursuant to Section 360 or 366.26,
39or subdivision (d), of Section 728 and the juvenile court
P43   1dependency or wardship was dismissed following the establishment
2of the guardianship.

3(ab) “Transition dependent” is a minor between 17 years and
4five months and 18 years of age who is subject to the court’s
5transition jurisdiction under Section 450.

6begin insert

begin insertSEC. 6.5.end insert  

end insert

begin insertSection 11400 of the end insertbegin insertWelfare and Institutions Codeend insert
7begin insert is amended to read:end insert

8

11400.  

For the purposes of this article, the following definitions
9shall apply:

10(a) “Aid to Families with Dependent Children-Foster Care
11(AFDC-FC)” means the aid provided on behalf of needy children
12in foster care under the terms of this division.

13(b) “Case plan” means a written document that, at a minimum,
14specifies the type of home in which the child shall be placed, the
15safety of that home, and the appropriateness of that home to meet
16the child’s needs. It shall also include the agency’s plan for
17ensuring that the child receive proper care and protection in a safe
18environment, and shall set forth the appropriate services to be
19provided to the child, the child’s family, and the foster parents, in
20order to meet the child’s needs while in foster care, and to reunify
21the child with the child’s family. In addition, the plan shall specify
22the services that will be provided or steps that will be taken to
23facilitate an alternate permanent plan if reunification is not possible.

24(c) “Certified family home” means a family residence certified
25by a licensed foster family agency and issued a certificate of
26approval by that agency as meeting licensing standards, and used
27only by that foster family agency for placements.

28(d) “Family home” means the familybegin delete residencyend deletebegin insert residenceend insert of a
29licensee in which 24-hour care and supervision are provided for
30children.

31(e) “Small family home” means any residential facility, in the
32licensee’s family residence, which provides 24-hour care for six
33or fewer foster children who have mental disorders or
34developmental or physical disabilities and who require special care
35and supervision as a result of their disabilities.

36(f) “Foster care” means the 24-hour out-of-home care provided
37to children whose own families are unable or unwilling to care for
38them, and who are in need of temporary or long-term substitute
39parenting.

P44   1(g) “Foster family agency” means any individual or organization
2engaged in the recruiting, certifying, and training of, and providing
3professional support to, foster parents, or in finding homes or other
4places for placement of children for temporary or permanent care
5who require that level of care as an alternative to a group home.
6Private foster family agencies shall be organized and operated on
7a nonprofit basis.

8(h) “Group home” means a nondetention privately operated
9residential home, organized and operated on a nonprofit basis only,
10of any capacity, or a nondetention licensed residential care home
11operated by the County of San Mateo with a capacity of up to 25
12beds, thatbegin delete provides services in a group setting toend deletebegin insert acceptsend insert children
13in need of care andbegin delete supervision, as required by paragraph (1)end delete
14begin insert supervision in a group home, as defined by paragraph (13)end insert of
15subdivision (a) of Section 1502 of the Health and Safety Code.

16(i) “Periodic review” means review of a child’s status by the
17juvenile court or by an administrative review panel, that shall
18include a consideration of the safety of the child, a determination
19of the continuing need for placement in foster care, evaluation of
20the goals for the placement and the progress toward meeting these
21goals, and development of a target date for the child’s return home
22or establishment of alternative permanent placement.

23(j) “Permanency planning hearing” means a hearing conducted
24by the juvenile court in which the child’s future status, including
25whether the child shall be returned home or another permanent
26plan shall be developed, is determined.

27(k) “Placement and care” refers to the responsibility for the
28welfare of a child vested in an agency or organization by virtue of
29the agency or organization having (1) been delegated care, custody,
30and control of a child by the juvenile court, (2) taken responsibility,
31pursuant to a relinquishment or termination of parental rights on
32a child, (3) taken the responsibility of supervising a child detained
33by the juvenile court pursuant to Section 319 or 636, or (4) signed
34a voluntary placement agreement for the child’s placement; or to
35the responsibility designated to an individual by virtue of his or
36her being appointed the child’s legal guardian.

37(l) “Preplacement preventive services” means services that are
38designed to help children remain with their families by preventing
39or eliminating the need for removal.

P45   1(m) “Relative” means an adult who is related to the child by
2blood, adoption, or affinity within the fifth degree of kinship,
3including stepparents, stepsiblings, and all relatives whose status
4is preceded by the words “great,” “great-great,” or “grand” or the
5spouse of any of these persons even if the marriage was terminated
6by death or dissolution.

7(n) “Nonrelative extended family member” means an adult
8caregiver who has an established familial or mentoring relationship
9with the child, as described in Section 362.7.

10(o) “Voluntary placement” means an out-of-home placement
11of a child by (1) the county welfare department, probation
12department, or Indian tribe that has entered into an agreement
13pursuant to Section 10553.1, after the parents or guardians have
14requested the assistance of the county welfare department and have
15signed a voluntary placement agreement; or (2) the county welfare
16department licensed public or private adoption agency, or the
17department acting as an adoption agency, after the parents have
18requested the assistance of either the county welfare department,
19the licensed public or private adoption agency, or the department
20acting as an adoption agency for the purpose of adoption planning,
21and have signed a voluntary placement agreement.

22(p) “Voluntary placement agreement” means a written agreement
23between either the county welfare department, probation
24department, or Indian tribe that has entered into an agreement
25pursuant to Section 10553.1, licensed public or private adoption
26agency, or the department acting as an adoption agency, and the
27parents or guardians of a child that specifies, at a minimum, the
28following:

29(1) The legal status of the child.

30(2) The rights and obligations of the parents or guardians, the
31child, and the agency in which the child is placed.

32(q) “Original placement date” means the most recent date on
33which the court detained a child and ordered an agency to be
34responsible for supervising the child or the date on which an agency
35assumed responsibility for a child due to termination of parental
36rights, relinquishment, or voluntary placement.

37(r) (1) “Transitional housing placement provider” means an
38organization licensed by the State Department of Social Services
39pursuant to Section 1559.110 of the Health and Safety Code, to
40provide transitional housing to foster children at least 16 years of
P46   1age and not more than 18 years of age, and nonminor dependents,
2as defined in subdivision (v). A transitional housing placement
3provider shall be privately operated and organized on a nonprofit
4basis.

5(2) Prior to licensure, a provider shall obtain certification from
6the applicable county, in accordance with Section 16522.1.

7(s) “Transitional Housing Program-Plus” means a provider
8certified by the applicable county, in accordance with subdivision
9(c) of Section 16522, to provide transitional housing services to
10former foster youth who have exited the foster care system on or
11after their 18th birthday.

12(t) “Whole family foster home” means a new or existing family
13home, approved relative caregiver or nonrelative extended family
14member’s home, the home of a nonrelated legal guardian whose
15guardianship was established pursuant to Section 360 or 366.26,
16certified family home, or a host family home placement of a
17transitional housing placement provider, that provides foster care
18for a minor or nonminor dependent parent and his or her child,
19and is specifically recruited and trained to assist the minor or
20nonminor dependent parent in developing the skills necessary to
21provide a safe, stable, and permanent home for his or her child.
22The child of the minor or nonminor dependent parent need not be
23the subject of a petition filed pursuant to Section 300 to qualify
24for placement in a whole family foster home.

25(u) “Mutual agreement” means any of the following:

26(1) A written voluntary agreement of consent for continued
27placement and care in a supervised setting between a minor or, on
28and after January 1, 2012, a nonminor dependent, and the county
29welfare services or probation department or tribal agency
30responsible for the foster care placement, that documents the
31nonminor’s continued willingness to remain in supervised
32out-of-home placement under the placement and care of the
33responsible county, tribe, consortium of tribes, or tribal
34organization that has entered into an agreement with the state
35pursuant to Section 10553.1, remain under the jurisdiction of the
36juvenile court as a nonminor dependent, and report any change of
37circumstances relevant to continued eligibility for foster care
38payments, and that documents the nonminor’s and social worker’s
39or probation officer’s agreement to work together to facilitate
P47   1implementation of the mutually developed supervised placement
2agreement and transitional independent living case plan.

3(2) An agreement, as described in paragraph (1), between a
4nonminor former dependent or ward in receipt of Kin-GAP
5payments under Article 4.5 (commencing with Section 11360) or
6Article 4.7 (commencing with Section 11385), and the agency
7responsible for the Kin-GAP benefits, provided that the nonminor
8former dependent or ward satisfies the conditions described in
9Section 11403.01, or one or more of the conditions described in
10paragraphs (1) to (5), inclusive, of subdivision (b) of Section
1111403. For purposes of this paragraph and paragraph (3),
12“nonminor former dependent or ward” has the same meaning as
13 described in subdivision (aa).

14(3) An agreement, as described in paragraph (1), between a
15nonminor former dependent or ward in receipt of AFDC-FC
16payments under subdivision (e) or (f) of Section 11405 and the
17agency responsible for the AFDC-FC benefits, provided that the
18nonminor former dependent or ward described in subdivision (e)
19of Section 11405 satisfies one or more of the conditions described
20in paragraphs (1) to (5), inclusive, of subdivision (b) of Section
2111403, and the nonminor described in subdivision (f) of Section
2211405 satisfies the secondary school or equivalent training or
23certificate program conditions described in that subdivision.

24(v) “Nonminor dependent” means, on and after January 1, 2012,
25a foster child, as described in Section 675(8)(B) of Title 42 of the
26United States Code under the federal Social Security Act who is
27a current dependent child or ward of the juvenile court, orbegin insert isend insert a
28nonminor under the transition jurisdiction of the juvenile court, as
29described in Section 450, who satisfies all of the following criteria:

30(1) He or she has attained 18 years of age while under an order
31of foster care placement by the juvenile court, and is not more than
3219 years of age on or after January 1, 2012, not more than 20 years
33of age on or after January 1, 2013, or not more than 21 years of
34age on or after January 1, 2014, and as described in Section
3510103.5.

36(2) He or she is in foster care under the placement and care
37responsibility of the county welfare department, county probation
38department, Indian tribe, consortium of tribes, or tribal organization
39that entered into an agreement pursuant to Section 10553.1.

P48   1(3) He or shebegin delete is participating inend deletebegin insert hasend insert a transitional independent
2living case plan pursuant to Section 475(8) of the federal Social
3Security Act (42 U.S.C. Sec. 675(8)), as contained in the federal
4Fostering Connections to Success and Increasing Adoptions Act
5of 2008 (Public Law 110-351), as described in Section 11403.

6(w) “Supervised independent living placement” means, on and
7after January 1, 2012, an independent supervised setting, as
8specified in a nonminor dependent’s transitional independent living
9case plan, in which the youth is living independently, pursuant to
10Section 472(c)(2) of the Social Security Act (42 U.S.C. Sec.
11672(c)(2)).

12(x) “Supervised independent living setting,” pursuant to Section
13472(c)(2) of the federal Social Security Act (42 U.S.C. Sec.
14672(c)(2)), includes both a supervised independent living
15placement, as defined in subdivision (w), and a residential housing
16unit certified by the transitional housing placement provider
17operating a Transitional Housing Placement-Plus Foster Care
18program, as described in paragraph (2) of subdivision (a) of Section
1916522.1.

20(y) “Transitional independent living case plan” means, on or
21after January 1, 2012,begin insert a child’s case plan submitted for the last
22review hearing held before he or she reaches 18 years of age orend insert

23 the nonminor dependent’s case plan, updated every six months,
24that describes the goals and objectives of how the nonminor will
25make progress in the transition to living independently and assume
26incremental responsibility for adult decisionmaking, the
27collaborative efforts between the nonminor and the social worker,
28probation officer, or Indian tribal placing entity and the supportive
29services as described in the transitional independent living plan
30(TILP) to ensure active and meaningful participation in one or
31more of the eligibility criteria described in paragraphs (1) to (5),
32inclusive, of subdivision (b) of Section 11403, the nonminor’s
33appropriate supervised placement setting, and the nonminor’s
34permanent plan for transition to living independently, which
35includes maintaining or obtaining permanent connections to caring
36and committed adults, as set forth in paragraph (16) of subdivision
37(f) of Section 16501.1.

38(z) “Voluntary reentry agreement” means a written voluntary
39agreement between a former dependent child or ward or a former
40nonminor dependent, who has had juvenile court jurisdiction
P49   1terminated pursuant to Section 391,begin delete 452end deletebegin insert 452,end insert or 607.2, and the
2county welfare or probation department or tribal placing entity
3that documents the nonminor’s desire and willingness to reenter
4foster care, to be placed in a supervised setting under the placement
5and care responsibility of the placing agency, the nonminor’s
6desire, willingness, and ability to immediately participate in one
7or more of the conditions of paragraphs (1) to (5), inclusive, of
8subdivision (b) of Section 11403, the nonminor’s agreement to
9work collaboratively with the placing agency to develop his or her
10transitional independent living case plan within 60 days of reentry,
11the nonminor’s agreement to report any changes of circumstances
12relevant to continued eligibility for foster care payments, and (1)
13the nonminor’s agreement to participate in the filing of a petition
14for juvenile court jurisdiction as a nonminor dependent pursuant
15to subdivision (e) of Section 388 within 15 judicial days of the
16signing of the agreement and the placing agency’s efforts and
17supportive services to assist the nonminor in the reentry process,
18or (2) if the nonminor meets the definition of a nonminor former
19dependent or ward, as described in subdivision (aa), the nonminor’s
20agreement to return to the care and support of his or her former
21juvenile court-appointed guardian and meet the eligibility criteria
22for AFDC-FC pursuant to subdivision (e) of Section 11405.

23(aa) “Nonminor former dependent or ward” means, on and after
24January 1, 2012, either of the following:

25(1) A nonminor who reached 18 years of age while subject to
26an order for foster care placement, and for whom dependency,
27delinquency, or transition jurisdiction has been terminated, and
28who is still under the general jurisdiction of the court.

29(2) A nonminor who is over 18 years of age and, while a minor,
30was a dependent child or ward of the juvenile court when the
31guardianship was established pursuant to Section 360 or 366.26,
32or subdivision (d), of Section 728 and the juvenile court
33dependency or wardship was dismissed following the establishment
34of the guardianship.

begin insert

35(ab) “Runaway and homeless youth shelter” means a type of
36group home, as defined in paragraph (14) of subdivision (a) of
37Section 1502 of the Health and Safety Code, that is not an eligible
38placement option under Sections 319, 361.2, 450, and 727, and
39that is not eligible for AFDC-FC funding pursuant to subdivision
40(c) of Section 11402 or Section 11462.

end insert
begin insert

P50   1(ac) “Transition dependent” is a minor between 17 years and
2five months and 18 years of age who is subject to the court’s
3transition jurisdiction under Section 450.

end insert
4

SEC. 7.  

Section 11403 of the Welfare and Institutions Code is
5amended to read:

6

11403.  

(a) It is the intent of the Legislature to exercise the
7option afforded states under Section 475(8) (42 U.S.C. Sec.
8675(8)), and Section 473(a)(4) (42 U.S.C. Sec. 673(a)(4)) of the
9federal Social Security Act, as contained in the federal Fostering
10Connections to Success and Increasing Adoptions Act of 2008
11(Public Law 110-351), to receive federal financial participation
12for nonminor dependents of the juvenile court who satisfy the
13conditions of subdivision (b), consistent with their transitional
14independent living case plan. Effective January 1, 2012, these
15nonminor dependents shall be eligible to receive support up to 19
16years of age, effective January 1, 2013, up to 20 years of age, and
17effective January 1, 2014, up to 21 years of age, consistent with
18their transitional independent living case plan and as described in
19 Section 10103.5. It is the intent of the Legislature both at the time
20of initial determination of the nonminor dependent’s eligibility
21and throughout the time the nonminor dependent is eligible for aid
22pursuant to this section, that the social worker or probation officer
23or Indian tribal placing entity and the nonminor dependent shall
24work together to ensure the nonminor dependent’s ongoing
25eligibility. All case planning shall be a collaborative effort between
26the nonminor dependent and the social worker, probation officer,
27or Indian tribe, with the nonminor dependent assuming increasing
28levels of responsibility and independence.

29(b) A nonminor dependent receiving aid pursuant to this chapter,
30who satisfies the age criteria set forth in subdivision (a), shall meet
31the legal authority for placement and care by being under a foster
32care placement order by the juvenile court, or the voluntary reentry
33agreement as set forth in subdivision (z) of Section 11400, and is
34otherwise eligible for AFDC-FC payments pursuant to Section
3511401. A nonminor who satisfies the age criteria set forth in
36subdivision (a), and who is otherwise eligible, shall continue to
37receive CalWORKs payments pursuant to Section 11253 or, as a
38nonminor former dependent or ward, aid pursuant to Kin-GAP
39under Article 4.5 (commencing with Section 11360) or Article 4.7
40(commencing with Section 11385) or adoption assistance payments
P51   1as specified in Chapter 2.1 (commencing with Section 16115) of
2Part 4. Effective January 1, 2012, a nonminor former dependent
3child or ward of the juvenile court who is receiving AFDC-FC
4benefits pursuant to Section 11405 and who satisfies the criteria
5set forth in subdivision (a) shall be eligible to continue to receive
6aid as long as the nonminor is otherwise eligible for AFDC-FC
7benefits under this subdivision. This subdivision shall apply when
8one or more of the following conditions exist:

9(1) The nonminor is completing secondary education or a
10program leading to an equivalent credential.

11(2) The nonminor is enrolled in an institution which provides
12postsecondary or vocational education.

13(3) The nonminor is participating in a program or activity
14designed to promote, or remove barriers to employment.

15(4) The nonminor is employed for at least 80 hours per month.

16(5) The nonminor is incapable of doing any of the activities
17described in subparagraphs (1) to (4), inclusive, due to a medical
18condition, and that incapability is supported by regularly updated
19information in the case plan of the nonminor. The requirement to
20update the case plan under this section shall not apply to nonminor
21former dependents or wards in receipt of Kin-GAP program or
22Adoption Assistance Program payments.

23(c) The county child welfare or probation department, Indian
24tribe, consortium of tribes, or tribal organization that has entered
25into an agreement pursuant to Section 10553.1, shall work together
26with a nonminor dependent who is in foster care on his or her 18th
27birthday and thereafter or a nonminor former dependent receiving
28aid pursuant to Section 11405, to satisfy one or more of the
29conditions described in paragraphs (1) to (5), inclusive, of
30subdivision (b) and shall certify the nonminor’s applicable
31condition or conditions in the nonminor’s six-month transitional
32independent living case plan update, and provide the certification
33to the eligibility worker and to the court at each six-month case
34plan review hearing for the nonminor dependent. Relative
35guardians who receive Kin-GAP payments and adoptive parents
36who receive adoption assistance payments shall be responsible for
37reporting to the county welfare agency that the nonminor does not
38satisfy at least one of the conditions described in subdivision (b).
39The social worker, probation officer, or tribal entity shall verify
40and obtain assurances that the nonminor dependent continues to
P52   1satisfy at least one of the conditions in paragraphs (1) to (5),
2inclusive, of subdivision (b) at each six-month transitional
3independent living case plan update. The six-month case plan
4update shall certify the nonminor’s eligibility pursuant to
5subdivision (b) for the next six-month period. During the six-month
6certification period, the payee and nonminor shall report any
7change in placement or other relevant changes in circumstances
8that may affect payment. The nonminor dependent, or nonminor
9former dependent receiving aid pursuant to subdivision (e) of
10Section 11405, shall be informed of all due process requirements,
11in accordance with state and federal law, prior to an involuntary
12termination of aid, and shall simultaneously be provided with a
13written explanation of how to exercise his or her due process rights
14and obtain referrals to legal assistance. Any notices of action
15regarding eligibility shall be sent to the nonminor dependent or
16former dependent, his or her counsel, as applicable, and the placing
17worker, in addition to any other payee. Payments of aid pursuant
18to Kin-GAP under Article 4.5 (commencing with Section 11360)
19or Article 4.7 (commencing with Section 11385), adoption
20 assistance payments as specified in Chapter 2.1 (commencing with
21Section 16115) of Part 4, or aid pursuant to subdivision (e) of
22Section 11405 that are made on behalf of a nonminor former
23dependent shall terminate subject to the terms of the agreements.
24Subject to federal approval of amendments to the state plan, aid
25payments may be suspended and resumed based on changes of
26circumstances that affect eligibility. Nonminor former dependents,
27as identified in paragraph (2) of subdivision (aa) of Section 11400,
28are not eligible for reentry under subdivision (e) of Section 388 as
29 nonminor dependents under the jurisdiction of the juvenile court,
30unless (1) the nonminor former dependent was receiving aid
31pursuant to Kin-GAP under Article 4.5 (commencing with Section
3211360) or Article 4.7begin delete (commencing with Section 11385)end delete
33begin insert (commencing with Section 11385),end insert or the nonminor former
34dependent was receiving aid pursuant to subdivision (e) of Section
35begin delete 11405end deletebegin insert 11405,end insert or the nonminor was receiving adoption assistance
36payments as specified in Chapter 2.1 (commencing with Section
3716115) of Part 3 and (2) the nonminor’s former guardian or
38adoptive parent dies after the nonminor turns 18 years of age but
39before the nonminor turns 21 years of age. Nonminor former
40dependents requesting the resumption of AFDC-FC payments
P52   1pursuant to subdivision (e) of Section 11405 shall complete the
2applicable portions of the voluntary reentry agreement, as described
3in subdivision (z) of Section 11400.

4(d) A nonminor dependent may receive all of the payment
5directly provided that the nonminor is living independently in a
6supervised placement, as described in subdivision (w) of Section
711400, and that both the youth and the agency responsible for the
8foster care placement have signed a mutual agreement, as defined
9in subdivision (u) of Section 11400, if the youth is capable of
10making an informed agreement, that documents the continued need
11for supervised out-of-home placement, and the nonminor’s and
12social worker’s or probation officer’s agreement to work together
13to facilitate implementation of the mutually developed supervised
14placement agreement and transitional independent living case plan.

15(e) Eligibility for aid under this section shall not terminate until
16the nonminor dependent attains the age criteria, as set forth in
17subdivision (a), but aid may be suspended when the nonminor
18dependent no longer resides in an eligible facility, as described in
19Section 11402, or is otherwise not eligible for AFDC-FC benefits
20under Section 11401, or terminated at the request of the nonminor,
21or after a court terminates dependency jurisdiction pursuant to
22Section 391, delinquency jurisdiction pursuant to Section 607.2,
23or transition jurisdiction pursuant to Section 452. AFDC-FC
24benefits to nonminor dependents, may be resumed at the request
25of the nonminor by completing a voluntary reentry agreement
26pursuant to subdivision (z) of Section 11400, before or after the
27filing of a petition filed pursuant to subdivision (e) of Section 388
28after a court terminates dependency or transitional jurisdiction
29pursuant to Section 391, or delinquency jurisdiction pursuant to
30Section 607.2. The county welfare or probation department or
31Indian tribal entity that has entered into an agreement pursuant to
32Section 10553.1 shall complete the voluntary reentry agreement
33with the nonminor who agrees to satisfy the criteria of the
34agreement, as described in subdivision (z) of Section 11400. The
35county welfare department or tribal entity shall establish a new
36child-only Title IV-E eligibility determination based on the
37nonminor’s completion of the voluntary reentry agreement pursuant
38to Section 11401. The beginning date of aid for either federal or
39state AFDC-FC for a reentering nonminor who is placed in foster
40care is the date the voluntary reentry agreement is signed or the
P54   1nonminor is placed, whichever is later. The county welfare
2department, county probation department, or tribal entity shall
3provide a nonminor dependent who wishes to continue receiving
4aid with the assistance necessary to meet and maintain eligibility.

5(f) (1) The county having jurisdiction of the nonminor
6dependent shall remain the county of payment under this section
7regardless of the youth’s physical residence. Nonminor former
8dependents receiving aid pursuant to subdivision (e) of Section
911405 shall be paid by their county of residence. Counties may
10develop courtesy supervision agreements to provide case
11management and independent living services by the county of
12residence pursuant to the nonminor dependent’s transitional
13independent living case plan. Placements made out of state are
14subject to the applicable requirements of the Interstate Compact
15on Placement of Children, pursuant to Part 5 (commencing with
16Section 7900) of Division 12 of the Family Code.

17(2) The county welfare department, county probation
18department, or tribal entity shall notify all foster youth who attain
1916 years of age and are under the jurisdiction of that county or
20tribe, including those receiving Kin-GAP, and AAP, of the
21existence of the aid prescribed by this section.

22(3) The department shall seek any waiver to amend its Title
23IV-E State Plan with the Secretary of the United States Department
24of Health and Human Services necessary to implement this section.

25(g) (1) Subject to paragraph (3), a county shall pay the
26nonfederal share of the cost of extending aid pursuant to this
27section to eligible nonminor dependents who have reached 18
28years of age and who are under the jurisdiction of the county,
29including AFDC-FC payments pursuant to Section 11401, aid
30pursuant to Kin-GAP under Article 4.7 (commencing with Section
3111385), adoption assistance payments as specified in Chapter 2.1
32(commencing with Section 16115) of Part 4, and aid pursuant to
33Section 11405 for nonminor dependents who are residing in the
34county as provided in paragraph (1) of subdivision (f). A county
35shall contribute to the CalWORKs payments pursuant to Section
3611253 and aid pursuant to Kin-GAP under Article 4.5 (commencing
37with Section 11360) at the statutory sharing ratios in effect on
38January 1, 2012.

39(2) Subject to paragraph (3), a county shall pay the nonfederal
40share of the cost of providing permanent placement services
P55   1pursuant to subdivision (c) of Section 16508 and administering
2the Aid to Families with Dependent Children Foster Care program
3pursuant to Section 15204.9. For purposes of budgeting, the
4department shall use a standard for the permanent placement
5services that is equal to the midpoint between the budgeting
6standards for family maintenance services and family reunification
7services.

8(3) (A) (i) Notwithstanding any otherbegin delete provision ofend delete law, a
9county’s required total contribution pursuant to paragraphs (1) and
10(2), excluding costs incurred pursuant to Section 10103.5, shall
11not exceed the amount of savings in Kin-GAP assistance grant
12expenditures realized by the county from the receipt of federal
13funds due to the implementation of Article 4.7 (commencing with
14Section 11385), and the amount of funding specifically included
15in the Protective Services Subaccount within the Support Services
16Account within the Local Revenue Fund 2011, plus any associated
17growth funding from the Support Services Growth Subaccount
18within the Sales and Use Tax Growth Account to pay the costs of
19extending aid pursuant to this section.

20(ii) A county, at its own discretion, may expend additional funds
21beyond the amounts identified in clause (i). These additional
22amounts shall not be included in any cost and savings calculations
23or comparisons performed pursuant to this section.

24(B) Beginning in the 2011-12 fiscal year, and for each fiscal
25year thereafter, funding and expenditures for programs and
26activities under this section shall be in accordance with the
27requirements provided in Sections 30025 and 30026.5 of the
28 Government Code. In addition, the following are available to the
29counties for the purpose of funding costs pursuant to this section:

30(i) The savings in Kin-GAP assistance grant expenditures
31realized from the receipt of federal funds due to the implementation
32of Article 4.7 (commencing with Section 11385).

33(ii) The savings realized from the change in federal funding for
34adoption assistance resulting from the enactment of Public Law
35110-351 and consistent with subdivision (d) of Section 16118.

36(4) (A) The limit on the county’s total contribution pursuant to
37paragraph (3) shall be assessed by the State Department of Social
38Services, in conjunction with the California State Association of
39Counties, in 2015-16, to determine if it shall be removed. The
40assessment of the need for the limit shall be based on a
P56   1determination on a statewide basis of whether the actual county
2costs of providing extended care pursuant to this section, excluding
3costs incurred pursuant to Section 10103.5, are fully funded by
4the amount of savings in Kin-GAP assistance grant expenditures
5realized by the counties from the receipt of federal funds due to
6the implementation of Article 4.7 (commencing with Section
711385) and the amount of funding specifically included in the
8Protective Services Subaccount within the Support Services
9 Account within the Local Revenue Fund 2011 plus any associated
10growth funding from the Support Services Growth Subaccount
11within the Sales and Use Tax Growth Account to pay the costs of
12extending aid pursuant to this section.

13(B) If the assessment pursuant to subparagraph (A) shows that
14the statewide total costs of extending aid pursuant to this section,
15excluding costs incurred pursuant to Section 10103.5, are fully
16funded by the amount of savings in Kin-GAP assistance grant
17expenditures realized by the counties from the receipt of federal
18funds due to the implementation of Article 4.7 (commencing with
19Section 11385) and the amount of funding specifically included
20in the Protective Services Subaccount within the Support Services
21Account within the Local Revenue Fund 2011 plus any associated
22growth funding from the Support Services Growth Subaccount
23within the Sales and Use Tax Growth Account to pay the costs of
24extending aid pursuant to this section, the Department of Finance
25shall certify that fact, in writing, and shall post the certification on
26its Internet Web site, at which time subparagraph (A) of paragraph
27(3) shall no longer be implemented.

28(h) It is the intent of the Legislature that no county currently
29participating in the Child Welfare Demonstration Capped
30Allocation Project be adversely impacted by the department’s
31exercise of its option to extend foster care benefits pursuant to
32Section 673(a)(4) and Section 675(8) of Title 42 of the United
33States Code in the federal Social Security Act, as contained in the
34federal Fostering Connections to Success and Increasing Adoptions
35Act of 2008 (Public Law 110-351). Therefore, the department shall
36negotiate with the United States Department of Health and Human
37Services on behalf of those counties that are currently participating
38in the demonstration project to ensure that those counties receive
39reimbursement for these new programs outside of the provisions
40of those counties’ waiver under Subtitle IV-E (commencing with
P57   1Section 470) of the federal Social Security Act (42 U.S.C. Sec.
2670 et seq.).

3(i) The department, on or before July 1, 2013, shall develop
4regulations to implement this section in consultation with
5concerned stakeholders, including, but not limited to,
6representatives of the Legislature, the County Welfare Directors
7Association, the Chief Probation Officers of California, the Judicial
8Council, representatives of Indian tribes, the California Youth
9Connection, former foster youth, child advocacy organizations,
10labor organizations, juvenile justice advocacy organizations, foster
11caregiver organizations, and researchers. In the development of
12these regulations, the department shall consider its Manual of
13Policy and Procedures, Division 30, Chapter 30-912, 913, 916,
14and 917, as guidelines for developing regulations that are
15appropriate for young adults who can exercise incremental
16responsibility concurrently with their growth and development.
17The department, in its consultation with stakeholders, shall take
18into consideration the impact to the Automated Child Welfare
19Services Case Management Services (CWS-CMS) and required
20modifications needed to accommodate eligibility determination
21under this section, benefit issuance, case management across
22counties, and recognition of the legal status of nonminor
23dependents as adults, as well as changes to data tracking and
24reporting requirements as required by the Child Welfare System
25Improvement and Accountability Act as specified in Section
2610601.2, and federal outcome measures as required by the federal
27John H. Chafee Foster Care Independence Program (42 U.S.C.
28Sec. 677(f)). In addition, the department, in its consultation with
29stakeholders, shall define the supervised independent living setting
30which shall include, but not be limited to, apartment living, room
31and board arrangements, college or university dormitories, and
32shared roommate settings, and define how those settings meet
33health and safety standards suitable for nonminors. The department,
34in its consultation with stakeholders, shall define the six-month
35certification of the conditions of eligibility pursuant to subdivision
36(b) to be consistent with the flexibility provided by federal policy
37guidance, to ensure that there are ample supports for a nonminor
38to achieve the goals of his or her transition independent living case
39plan. The department, in its consultation with stakeholders, shall
40ensure that notices of action and other forms created to inform the
P58   1nonminor of due process rights and how to access them shall be
2developed, using language consistent with the special needs of the
3nonminor dependent population.

4(j) Notwithstanding the Administrative Procedure Act, Chapter
53.5 (commencing with Section 11340) of Part 1 of Division 3 of
6Title 2 of the Government Code, the department shall prepare for
7implementation of the applicable provisions of this section by
8publishing, after consultation with the stakeholders listed in
9subdivision (i), all-county letters or similar instructions from the
10director by October 1, 2011, to be effective January 1, 2012.
11Emergency regulations to implement the applicable provisions of
12this act may be adopted by the director in accordance with the
13Administrative Procedure Act. The initial adoption of the
14emergency regulations and one readoption of the emergency
15regulations shall be deemed to be an emergency and necessary for
16the immediate preservation of the public peace, health, safety, or
17general welfare. Initial emergency regulations and the first
18readoption of those emergency regulations shall be exempt from
19review by the Office of Administrative Law. The emergency
20regulations authorized by this section shall be submitted to the
21Office of Administrative Law for filing with the Secretary of State
22and shall remain in effect for no more than 180 days.

23(k) This section shall become operative on January 1, 2012.

begin delete
24

SEC. 8.  

Section 11405 of the Welfare and Institutions Code is
25amended to read:

26

11405.  

(a) Except for nonminors described in paragraph (2)
27of subdivision (e) and in subdivision (f), AFDC-FC benefits shall
28be paid to an otherwise eligible child living with a nonrelated legal
29guardian, provided that the legal guardian cooperates with the
30county welfare department in all of the following:

31(1) Developing a written assessment of the child’s needs.

32(2) Updating the assessment no less frequently than once every
33six months.

34(3) Carrying out the case plan developed by the county.

35(b)  Except for nonminors described in paragraph (2) of
36subdivision (e) and in subdivision (f), when AFDC-FC is applied
37for on behalf of a child living with a nonrelated legal guardian the
38county welfare department shall do all of the following:

39(1) Develop a written assessment of the child’s needs.

P59   1(2) Update those assessments no less frequently than once every
2six months.

3(3) Develop a case plan that specifies how the problems
4identified in the assessment are to be addressed.

5(4) Make visits to the child as often as appropriate, but in no
6event less often than once every six months.

7(c) Where the child is a parent and has a child living with him
8or her in the same eligible facility, the assessment required by
9paragraph (1) of subdivision (a) shall include the needs of his or
10her child.

11(d) Nonrelated legal guardians of eligible children who are in
12receipt of AFDC-FC payments described in this section shall be
13exempt from the requirement to register with the Statewide
14Registry of Private Professional Guardians pursuant to Sections
152850 and 2851 of the Probate Code.

16(e) (1) On and after January 1, 2012, a nonminor youth whose
17nonrelated guardianship was ordered in juvenile court pursuant to
18Section 360 or 366.26, and whose dependency was dismissed,
19shall remain eligible for AFDC-FC benefits until the youth attains
2019 years of age, effective January 1, 2013, until the youth attains
2120 years of age, and effective January 1, 2014, until the youth
22attains 21 years of age, provided that the youth enters into a mutual
23agreement with the agency responsible for his or her guardianship,
24and the youth is meeting the conditions of eligibility, as described
25in paragraphs (1) to (5), inclusive, of subdivision (b) of Section
2611403.

27(2) A nonminor former dependent or ward as defined in
28paragraph (2) of subdivision (aa) of Section 11400 shall be eligible
29for benefits under this section until the youth attains 21 years of
30age if all of the following conditions are met:

31(A) The nonminor former dependent or ward attained 18 years
32of age while in receipt of Kin-GAP benefits pursuant to Article
334.7 (commencing with Section 11385).

34(B) The nonminor’s relationship to the kinship guardian is
35defined in paragraph (2), (3), or (4) of subdivision (c) of Section
3611391.

37(C) The nonminor was under 16 years of age at the time the
38Kin-GAP negotiated agreement payments commenced.

39(D) The guardian continues to be responsible for the support of
40the nonminor.

P60   1(E) The nonminor otherwise is meeting the conditions of
2eligibility, as described in paragraphs (1) to (5), inclusive, of
3subdivision (b) of Section 11403.

4(f) On or after January 1, 2012, a child whose nonrelated
5guardianship was ordered in probate court pursuant to Article 2
6(commencing with Section 1510) of Chapter 1 of Part 2 of Division
74 of the Probate Code, who is attending high school or the
8equivalent level of vocational or technical training on a full-time
9basis, or who is in the process of pursuing a high school
10equivalency certificate prior to his or her 18th birthday may
11continue to receive aid following his or her 18th birthday as long
12as the child continues to reside in the guardian’s home, remains
13otherwise eligible for AFDC-FC benefits and continues to attend
14high school or the equivalent level of vocational or technical
15training on a full-time basis, or continues to pursue a high school
16equivalency certificate, and the child may reasonably be expected
17to complete the educational or training program or to receive a
18high school equivalency certificate, before his or her 19th birthday.
19Aid shall be provided to an individual pursuant to this section
20provided that both the individual and the agency responsible for
21the foster care placement have signed a mutual agreement, if the
22individual is capable of making an informed agreement,
23documenting the continued need for out-of-home placement.

24(g) (1) For cases in which a guardianship was established on
25or before June 30, 2011, or the date specified in a final order, for
26which the time for appeal has passed, issued by a court of
27competent jurisdiction in California State Foster Parent
28Association, et al. v. William Lightbourne, et al. (U.S. Dist. Ct.
29No. C 07-05086 WHA), whichever is earlier, the AFDC-FC
30payment described in this section shall be the foster family home
31rate structure in effect prior to the effective date specified in the
32order described in this paragraph.

33(2) For cases in which guardianship has been established on or
34after July 1, 2011, or the date specified in the order described in
35paragraph (1), whichever is earlier, the AFDC-FC payments
36described in this section shall be the basic foster family home rate
37set forth in paragraph (1) of subdivision (g) of Section 11461.

38(3) Beginning with the 2011-12 fiscal year, the AFDC-FC
39payments identified in this subdivision shall be adjusted annually
P61   1by the percentage change in the California Necessities Index rate
2as set forth in paragraph (2) of subdivision (g) of Section 11461.

3(h) In addition to the AFDC-FC rate paid, all of the following
4also shall be paid:

5(1) A specialized care increment, if applicable, as set forth in
6subdivision (e) of Section 11461.

7(2) A clothing allowance, as set forth in subdivision (f) of
8Section 11461.

9(3) For a child eligible for an AFDC-FC payment who is a teen
10parent, the rate shall include the two hundred dollar ($200) monthly
11payment made to the relative caregiver in a whole family foster
12home pursuant to paragraph (3) of subdivision (d) of Section
1311465.

end delete
14

begin deleteSEC. 9.end delete
15begin insertSEC. 8.end insert  

Section 16120 of the Welfare and Institutions Code is
16amended to read:

17

16120.  

A child shall be eligible for Adoption Assistance
18Program benefits if all of the conditions specified in subdivisions
19(a) to (l), inclusive, are met or if the conditions specified in
20subdivision (m) are met.

21(a) It has been determined that the child cannot or should not
22be returned to the home of his or her parents as evidenced by a
23petition for termination of parental rights, a court order terminating
24parental rights, or a signed relinquishment, or, in the case of a
25tribal customary adoption, if the court has given full faith and
26credit to a tribal customary adoption order as provided for pursuant
27to paragraph (2) of subdivision (e) of Section 366.26, or, in the
28case of a nonminor dependent the court has dismissed dependency
29or transitional jurisdiction subsequent to the approval of the
30nonminor dependent, adoption petition pursuant to subdivision (f)
31of Section 366.31.

32(b) The child has at least one of the following characteristics
33that are barriers to his or her adoption:

34(1) Adoptive placement without financial assistance is unlikely
35because of membership in a sibling group that should remain intact
36or by virtue of race, ethnicity, color, language, age of three years
37or older, or parental background of a medical or behavioral nature
38that can be determined to adversely affect the development of the
39child.

P62   1(2) Adoptive placement without financial assistance is unlikely
2because the child has a mental, physical, emotional, or medical
3disability that has been certified by a licensed professional
4competent to make an assessment and operating within the scope
5of his or her profession. This paragraph shall also apply to children
6with a developmental disability, as defined in subdivision (a) of
7Section 4512, including those determined to require out-of-home
8nonmedical care, as described in Section 11464.

9(c) The need for an adoption subsidy is evidenced by an
10unsuccessful search for an adoptive home to take the child without
11financial assistance, as documented in the case file of the
12prospective adoptive child. The requirement for this search shall
13be waived when it would be against the best interest of the child
14because of the existence of significant emotional ties with
15prospective adoptive parents while in the care of these persons as
16a foster child.

17(d) The child satisfies any of the following criteria:

18(1) He or she is under 18 years of age.

19(2) He or she is under 21 years of age and has a mental or
20physical handicap that warrants the continuation of assistance.

21(3) Effective January 1, 2012, he or she is under 19 years of
22age, effective January 1, 2013, he or she is under 20 years of age,
23and effective January 1, 2014, he or she is under 21 years of age
24and as described in Section 10103.5, and has attained 16 years of
25age before the adoption assistance agreement became effective,
26and one or more of the conditions specified in paragraphs (1) to
27(5), inclusive, of subdivision (b) of Section 11403 applies.

28(e) The adoptive family is responsible for the child pursuant to
29the terms of an adoptive placement agreement or a final decree of
30adoption and has signed an adoption assistance agreement.

31(f) The adoptive family is legally responsible for the support of
32the child and the child is receiving support from the adoptive
33parent.

34(g) The department or the county responsible for determining
35the child’s Adoption Assistance Program eligibility status and for
36providing financial aid, and the prospective adoptive parent, prior
37to or at the time the adoption decree is issued by the court, have
38signed an adoption assistance agreement that stipulates the need
39for, and the amount of, Adoption Assistance Program benefits.

P63   1(h) The prospective adoptive parent or any adult living in the
2prospective adoptive home has completed the criminal background
3check requirements pursuant to Section 671(a)(20)(A) and (C) of
4Title 42 of the United States Code.

5(i) To be eligible for state funding, the child is the subject of an
6agency adoption, as defined in Section 8506 of the Family Code,
7and was any of the following:

8(1) Under the supervision of a county welfare department as
9the subject of a legal guardianship or juvenile court dependency.

10(2) Relinquished for adoption to a licensed California private
11or public adoption agency, or another public agency operating a
12Title IV-E program on behalf of the state, and would have
13otherwise been at risk of dependency as certified by the responsible
14public child welfare agency.

15(3) Committed to the care of the department pursuant to Section
168805 or 8918 of the Family Code.

17(4) The child is an Indian child and the subject of an order of
18adoption based on tribal customary adoption of an Indian child,
19as described in Section 366.24. Notwithstanding Section 8600.5
20of the Family Code, for purposes of this subdivision a tribal
21customary adoption shall be considered an agency adoption.

22(j) To be eligible for federal funding, in the case of a child who
23is not an applicable child for the federal fiscal year as defined in
24subdivision (n), the child satisfies any of the following criteria:

25(1) Prior to the finalization of an agency adoption, as defined
26in Section 8506 of the Family Code, or an independent adoption,
27as defined in Section 8524 of the Family Code, is filed, the child
28has met the requirements to receive federal supplemental security
29income benefits pursuant to Subchapter 16 (commencing with
30Section 1381) of Chapter 7 of Title 42 of the United States Code,
31as determined and documented by the federal Social Security
32Administration.

33(2) The child was removed from the home of a specified relative
34 and the child would have been AFDC eligible in the home of
35removal according to Section 606(a) or 607 of Title 42 of the
36United States Code, as those sections were in effect on July 16,
371996, in the month of the voluntary placement agreement or in the
38month court proceedings are initiated to remove the child, resulting
39in a judicial determination that continuation in the home would be
40contrary to the child’s welfare. The child must have been living
P64   1with the specified relative from whom he or she was removed
2within six months of the month the voluntary placement agreement
3was signed or the petition to remove was filed.

4(3) The child was voluntarily relinquished to a licensed public
5or private adoption agency, or another public agency operating a
6Title IV-E program on behalf of the state, and there is a petition
7to the court to remove the child from the home within six months
8of the time the child lived with a specified relative and a subsequent
9 judicial determination that remaining in the home would be
10contrary to the child’s welfare.

11(4) Title IV-E foster care maintenance was paid on behalf of
12the child’s minor parent and covered the cost of the minor parent’s
13child while the child was in the foster family home or child care
14institution with the minor parent.

15(5) The child is an Indian child and the subject of an order of
16adoption based on tribal customary adoption of an Indian child,
17as described in Section 366.24.

18(k) To be eligible for federal funding, in the case of a child who
19is an applicable child for the federal fiscal year, as defined in
20subdivision (n), the child meets any of the following criteria:

21(1) At the time of initiation of adoptive proceedings was in the
22care of a public or licensed private child placement agency or
23Indian tribal organization pursuant to either of the following:

24(A) An involuntary removal of the child from the home in
25accordance with a judicial determination to the effect that
26continuation in the home would be contrary to the welfare of the
27child.

28(B) A voluntary placement agreement or a voluntary
29relinquishment.

30(2) He or she meets all medical or disability requirements of
31Title XVI with respect to eligibility for supplemental security
32income benefits.

33(3) He or she was residing in a foster family home or a child
34care institution with the child’s minor parent, and the child’s minor
35parent was in the foster family home or child care institution
36pursuant to either of the following:

37(A) An involuntary removal of the child from the home in
38accordance with a judicial determination to the effect that
39continuation in the home would be contrary to the welfare of the
40child.

P65   1(B) A voluntary placement agreement or voluntary
2relinquishment.

3(4) The child is an Indian child and the subject of an order of
4adoption based on tribal customary adoption of an Indian child,
5as described in Section 366.24.

6(5) The nonminor dependent, as described in subdivision (v) of
7Section 11400, is the subject of an adoption pursuant to subdivision
8(f) of Section 366.31.

9(l) The child is a citizen of the United States or a qualified alien
10as defined in Section 1641 of Title 8 of the United States Code. If
11the child is a qualified alien who entered the United States on or
12after August 22, 1996, and is placed with an unqualified alien, the
13child must meet the five-year residency requirement pursuant to
14Section 673(a)(2)(B) of Title 42 of the United States Code, unless
15the child is a member of one of the excepted groups pursuant to
16Section 1612(b) of Title 8 of the United States Code.

17(m) A child or nonminor shall be eligible for Adoption
18Assistance Program benefits if the following conditions are met:

19(1) The child or nonminor received Adoption Assistance
20Program benefits with respect to a prior adoption and the child or
21nonminor is again available for adoption because the prior adoption
22was dissolved and the parental rights of the adoptive parents were
23terminated or because the child’s or nonminor’s adoptive parents
24died and the child or nonminor meets the special needs criteria
25described in subdivisions (a) to (c), inclusive. When a nonminor
26is receiving Adoption Assistance Program benefits after 18 years
27of age and the nonminor’s adoptive parents die, the juvenile court
28may resume dependency jurisdiction over the nonminor pursuant
29to subdivision (e) of Section 388.

30(2) To receive federal funding, the citizenship requirements in
31subdivision (l).

32(n) (1) Except as provided in this subdivision, “applicable child”
33means a child for whom an adoption assistance agreement is
34entered into under this section during any federal fiscal year
35described in this subdivision if the child attained the applicable
36age for that federal fiscal year before the end of that federal fiscal
37year.

38(A) For federal fiscal year 2010, the applicable age is 16 years.

39(B) For federal fiscal year 2011, the applicable age is 14 years.

40(C) For federal fiscal year 2012, the applicable age is 12 years.

P66   1(D) For federal fiscal year 2013, the applicable age is 10 years.

2(E) For federal fiscal year 2014, the applicable age is eight years.

3(F) For federal fiscal year 2015, the applicable age is six years.

4(G) For federal fiscal year 2016, the applicable age is four years.

5(H) For federal fiscal year 2017, the applicable age is two years.

6(I) For federal fiscal year 2018 and thereafter, any age.

7(2) Beginning with the 2010 federal fiscal year, the term
8“applicable child” shall include a child of any age on the date on
9which an adoption assistance agreement is entered into on behalf
10of the child under this section if the child meets both of the
11following criteria:

12(A) He or she has been in foster care under the responsibility
13of the state for at least 60 consecutive months.

14(B) He or she meets the requirements of subdivision (k).

15(3) Beginning with the 2010 federal fiscal year, an applicable
16child shall include a child of any age on the date that an adoption
17assistance agreement is entered into on behalf of the child under
18this section, without regard to whether the child is described in
19paragraph (2), if the child meets all of the following criteria:

20(A) He or she is a sibling of a child who is an applicable child
21for the federal fiscal year, under subdivision (n) or paragraph (2).

22(B) He or she is to be placed in the same adoption placement
23as an “applicable child” for the federal fiscal year who is their
24sibling.

25(C) He or she meets the requirements of subdivision (k).

26

begin deleteSEC. 10.end delete
27begin insertSEC. 9.end insert  

Section 16501.1 of the Welfare and Institutions Code
28 is amended to read:

29

16501.1.  

(a) (1) The Legislature finds and declares that the
30foundation and central unifying tool in child welfare services is
31the case plan.

32(2) The Legislature further finds and declares that a case plan
33ensures that the child receives protection and safe and proper care
34and case management, and that services are provided to the child
35and parents or other caretakers, as appropriate, in order to improve
36conditions in the parent’s home, to facilitate the safe return of the
37child to a safe home or the permanent placement of the child, and
38to address the needs of the child while in foster care.

39(b) (1) A case plan shall be based upon the principles of this
40section and shall document that a preplacement assessment of the
P67   1service needs of the child and family, and preplacement preventive
2services, have been provided, and that reasonable efforts to prevent
3out-of-home placement have been made.

4(2) In determining the reasonable services to be offered or
5provided, the child’s health and safety shall be the paramount
6concerns.

7(3) Upon a determination pursuant to paragraph (1) of
8subdivision (e) of Section 361.5 that reasonable services will be
9offered to a parent who is incarcerated in a county jail or state
10prison, detained by the United States Department of Homeland
11Security, or deported to his or her country of origin, the case plan
12shall include information, to the extent possible, about a parent’s
13incarceration in a county jail or the state prison, detention by the
14United States Department of Homeland Security, or deportation
15during the time that a minor child of that parent is involved in
16dependency care.

17(4) Reasonable services shall be offered or provided to make it
18possible for a child to return to a safe home environment, unless,
19pursuant to subdivisions (b) and (e) of Section 361.5, the court
20determines that reunification services shall not be provided.

21(5) If reasonable services are not ordered, or are terminated,
22reasonable efforts shall be made to place the child in a timely
23manner in accordance with the permanent plan and to complete
24all steps necessary to finalize the permanent placement of the child.

25(c) (1) If out-of-home placement is used to attain case plan
26goals, the case plan shall include a description of the type of home
27or institution in which the child is to be placed, and the reasons
28for that placement decision. The decision regarding choice of
29placement shall be based upon selection of a safe setting that is
30the least restrictive or most family like and the most appropriate
31setting that is available and in close proximity to the parent’s home,
32proximity to the child’s school, and consistent with the selection
33of the environment best suited to meet the child’s special needs
34and best interests. The selection shall consider, in order of priority,
35placement with relatives, nonrelated extended family members,
36tribal members, and foster family homes, certified homes of foster
37family agencies, intensive treatment or multidimensional treatment
38foster care homes, group care placements, such as group homes
39and community treatment facilities, and residential treatment
40pursuant to Section 7950 of the Family Code.

P68   1(2) If a group care placement is selected for a child, the case
2plan shall indicate the needs of the child that necessitate this
3placement, the plan for transitioning the child to a less restrictive
4environment, and the projected timeline by which the child will
5be transitioned to a less restrictive environment. This section of
6the case plan shall be reviewed and updated at least semiannually.

7(3) On or after January 1, 2012, for a nonminor dependent, as
8defined in subdivision (v) of Section 11400, who is receiving
9AFDC-FC benefits up to 21 years of age pursuant to Section 11403,
10in addition to the above requirements, the selection of the
11placement, including a supervised independent living placement,
12as described in subdivision (w) of Section 11400, shall also be
13based upon the developmental needs of young adults by providing
14opportunities to have incremental responsibilities that prepare a
15nonminor dependent to transition to independent living. If
16admission to, or continuation in, a group home placement is being
17considered for a nonminor dependent, the group home placement
18 approval decision shall include a youth-driven, team-based case
19planning process, as defined by the department, in consultation
20with stakeholders. The case plan shall consider the full range of
21placement options, and shall specify why admission to, or
22continuation in, a group home placement is the best alternative
23available at the time to meet the special needs or well-being of the
24nonminor dependent, and how the placement will contribute to the
25nonminor dependent’s transition to independent living. The case
26plan shall specify the treatment strategies that will be used to
27prepare the nonminor dependent for discharge to a less restrictive
28and more family-like setting, including a target date for discharge
29from the group home placement. The placement shall be reviewed
30and updated on a regular, periodic basis to ensure that continuation
31in the group home remains in the best interests of the nonminor
32dependent and that progress is being made in achieving case plan
33goals leading to independent living. The group home placement
34planning process shall begin as soon as it becomes clear to the
35county welfare department or probation office that a foster child
36in group home placement is likely to remain in group home
37placement on his or her 18th birthday, in order to expedite the
38transition to a less restrictive and more family-like setting if he or
39she becomes a nonminor dependent. The case planning process
40shall include informing the youth of all of his or her options,
P69   1including, but not limited to, admission to or continuation in a
2group home placement. Consideration for continuation of existing
3group home placement for a nonminor dependent under 19 years
4of age may include the need to stay in the same placement in order
5to complete high school. After a nonminor dependent either
6completes high school or attains his or her 19th birthday, whichever
7is earlier, continuation in or admission to a group home is
8prohibited unless the nonminor dependent satisfies the conditions
9of paragraph (5) of subdivision (b) of Section 11403, and group
10home placement functions as a short-term transition to the
11appropriate system of care. Treatment services provided by the
12group home placement to the nonminor dependent to alleviate or
13ameliorate the medical condition, as described in paragraph (5) of
14subdivision (b) of Section 11403, shall not constitute the sole basis
15to disqualify a nonminor dependent from the group home
16placement.

17(4) In addition to the requirements of paragraphs (1) to (3),
18inclusive, and taking into account other statutory considerations
19regarding placement, the selection of the most appropriate home
20that will meet the child’s special needs and best interests shall also
21promote educational stability by taking into consideration
22proximity to the child’s school of origin, and school attendance
23area, the number of school transfers the child has previously
24experienced, and the child’s school matriculation schedule, in
25addition to other indicators of educational stability that the
26Legislature hereby encourages the State Department of Social
27Services and the State Department of Education to develop.

28(d) A written case plan shall be completed within a maximum
29of 60 days of the initial removal of the child or of the in-person
30response required under subdivision (f) of Section 16501 if the
31child has not been removed from his or her home, or by the date
32of the dispositional hearing pursuant to Section 358, whichever
33occurs first. The case plan shall be updated, as the service needs
34of the child and family dictate. At a minimum, the case plan shall
35be updated in conjunction with each status review hearing
36conducted pursuant to Sections 364, 366, 366.3, and 366.31, and
37the hearing conducted pursuant to Section 366.26, but no less
38frequently than once every six months. Each updated case plan
39shall include a description of the services that have been provided
P70   1to the child under the plan and an evaluation of the appropriateness
2and effectiveness of those services.

3(1) It is the intent of the Legislature that extending the maximum
4time available for preparing a written case plan from 30 to 60 days
5will afford caseworkers time to actively engage families, and to
6solicit and integrate into the case plan the input of the child and
7the child’s family, as well as the input of relatives and other
8interested parties.

9(2) The extension of the maximum time available for preparing
10a written case plan from the 30 to 60 days shall be effective 90
11days after the date that the department gives counties written notice
12that necessary changes have been made to the Child Welfare
13Services Case Management System to account for the 60-day
14timeframe for preparing a written case plan.

15(e) The child welfare services case plan shall be comprehensive
16enough to meet the juvenile court dependency proceedings
17requirements pursuant to Article 6 (commencing with Section 300)
18of Chapter 2 of Part 1 of Division 2.

19(f) The case plan shall be developed as follows:

20(1) The case plan shall be based upon an assessment of the
21circumstances that required child welfare services intervention.
22The child shall be involved in developing the case plan as age and
23developmentally appropriate.

24(2) The case plan shall identify specific goals and the
25appropriateness of the planned services in meeting those goals.

26(3) The case plan shall identify the original allegations of abuse
27or neglect, as defined in Article 2.5 (commencing with Section
2811164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the
29 conditions cited as the basis for declaring the child a dependent of
30the court pursuant to Section 300, or all of these, and the other
31precipitating incidents that led to child welfare services
32intervention.

33(4) The case plan shall include a description of the schedule of
34the placement agency contacts with the child and the family or
35other caretakers. The frequency of these contacts shall be in
36accordance with regulations adopted by the State Department of
37Social Services. If the child has been placed in foster care out of
38state, the county social worker or probation officer, or a social
39worker or probation officer on the staff of the agency in the state
40in which the child has been placed, shall visit the child in a foster
P71   1family home or the home of a relative, consistent with federal law
2and in accordance with the department’s approved state plan. For
3children in out-of-state group home facilities, visits shall be
4conducted at least monthly, pursuant to Section 16516.5. At least
5once every six months, at the time of a regularly scheduled
6placement agency contact with the foster child, the child’s social
7worker or probation officer shall inform the child of his or her
8rights as a foster child, as specified in Section 16001.9. The social
9worker or probation officer shall provide the information to the
10child in a manner appropriate to the age or developmental level of
11the child.

12(5) (A) When out-of-home services are used, the frequency of
13contact between the natural parents or legal guardians and the child
14shall be specified in the case plan. The frequency of those contacts
15shall reflect overall case goals, and consider other principles
16outlined in this section.

17(B) Information regarding any court-ordered visitation between
18the child and the natural parents or legal guardians, and the terms
19and conditions needed to facilitate the visits while protecting the
20safety of the child, shall be provided to the child’s out-of-home
21caregiver as soon as possible after the court order is made.

22(6) When out-of-home placement is made, the case plan shall
23include provisions for the development and maintenance of sibling
24relationships as specified in subdivisions (b), (c), and (d) of Section
2516002. If appropriate, when siblings who are dependents of the
26juvenile court are not placed together, the social worker for each
27child, if different, shall communicate with each of the other social
28workers and ensure that the child’s siblings are informed of
29significant life events that occur within their extended family.
30Unless it has been determined that it is inappropriate in a particular
31case to keep siblings informed of significant life events that occur
32within the extended family, the social worker shall determine the
33appropriate means and setting for disclosure of this information
34to the child commensurate with the child’s age and emotional
35well-being. These significant life events shall include, but shall
36not be limited to, the following:

37(A) The death of an immediate relative.

38(B) The birth of a sibling.

39(C) Significant changes regarding a dependent child, unless the
40child objects to the sharing of the information with his or her
P72   1siblings, including changes in placement, major medical or mental
2health diagnoses, treatments, or hospitalizations, arrests, and
3changes in the permanent plan.

4(7) If out-of-home placement is made in a foster family home,
5group home, or other child care institution that is either a
6substantial distance from the home of the child’s parent or out of
7state, the case plan shall specify the reasons why that placement
8is in the best interest of the child. When an out-of-state group home
9placement is recommended or made, the case plan shall, in
10addition, specify compliance with Section 7911.1 of the Family
11Code.

12(8) Effective January 1, 2010, a case plan shall ensure the
13educational stability of the child while in foster care and shall
14include both of the following:

15(A) An assurance that the placement takes into account the
16appropriateness of the current educational setting and the proximity
17to the school in which the child is enrolled at the time of placement.

18(B) An assurance that the placement agency has coordinated
19with the person holding the right to make educational decisions
20for the child and appropriate local educational agencies to ensure
21that the child remains in the school in which the child is enrolled
22at the time of placement or, if remaining in that school is not in
23the best interests of the child, assurances by the placement agency
24and the local educational agency to provide immediate and
25appropriate enrollment in a new school and to provide all of the
26child’s educational records to the new school.

27(9) (A) If out-of-home services are used, or if parental rights
28have been terminated and the case plan is placement for adoption,
29the case plan shall include a recommendation regarding the
30appropriateness of unsupervised visitation between the child and
31any of the child’s siblings. This recommendation shall include a
32statement regarding the child’s and the siblings’ willingness to
33participate in unsupervised visitation. If the case plan includes a
34recommendation for unsupervised sibling visitation, the plan shall
35also note that information necessary to accomplish this visitation
36has been provided to the child or to the child’s siblings.

37(B) Information regarding the schedule and frequency of the
38visits between the child and siblings, as well as any court-ordered
39terms and conditions needed to facilitate the visits while protecting
P73   1the safety of the child, shall be provided to the child’s out-of-home
2caregiver as soon as possible after the court order is made.

3(10) If out-of-home services are used and the goal is
4reunification, the case plan shall describe the services to be
5provided to assist in reunification and the services to be provided
6concurrently to achieve legal permanency if efforts to reunify fail.
7The plan shall also consider in-state and out-of-state placements,
8the importance of developing and maintaining sibling relationships
9pursuant to Section 16002, and the desire and willingness of the
10caregiver to provide legal permanency for the child if reunification
11is unsuccessful.

12(11) If out-of-home services are used, the child has been in care
13for at least 12 months, and the goal is not adoptive placement, the
14case plan shall include documentation of the compelling reason
15or reasons why termination of parental rights is not in the child’s
16best interest. A determination completed or updated within the
17past 12 months by the department when it is acting as an adoption
18agency or by a licensed adoption agency that it is unlikely that the
19child will be adopted, or that one of the conditions described in
20paragraph (1) of subdivision (c) of Section 366.26 applies, shall
21be deemed a compelling reason.

22(12) (A) Parents and legal guardians shall have an opportunity
23to review the case plan, and to sign it whenever possible, and then
24shall receive a copy of the plan. In a voluntary service or placement
25agreement, the parents or legal guardians shall be required to
26 review and sign the case plan. Whenever possible, parents and
27legal guardians shall participate in the development of the case
28plan. Commencing January 1, 2012, for nonminor dependents, as
29defined in subdivision (v) of Section 11400, who are receiving
30AFDC-FC or CalWORKs assistance up to 21 years of age pursuant
31to Section 11403, the transitional independent living case plan, as
32set forth in subdivision (y) of Section 11400, shall be developed
33with, and signed by, the nonminor.

34(B) Parents and legal guardians shall be advised that, pursuant
35to Section 1228.1 of the Evidence Code, neither their signature on
36the child welfare services case plan nor their acceptance of any
37 services prescribed in the child welfare services case plan shall
38constitute an admission of guilt or be used as evidence against the
39parent or legal guardian in a court of law. However, they shall also
40be advised that the parent’s or guardian’s failure to cooperate,
P74   1except for good cause, in the provision of services specified in the
2child welfare services case plan may be used in any hearing held
3pursuant to Section 366.21, 366.22, or 366.25 as evidence.

4(13) A child shall be given a meaningful opportunity to
5participate in the development of the case plan and state his or her
6preference for foster care placement. A child who is 12 years of
7age or older and in a permanent placement shall also be given the
8opportunity to review the case plan, sign the case plan, and receive
9a copy of the case plan.

10(14) The case plan shall be included in the court report and shall
11be considered by the court at the initial hearing and each review
12hearing. Modifications to the case plan made during the period
13between review hearings need not be approved by the court if the
14casework supervisor for that case determines that the modifications
15further the goals of the plan. If out-of-home services are used with
16the goal of family reunification, the case plan shall consider and
17describe the application of subdivision (b) of Section 11203.

18(15) If the case plan has as its goal for the child a permanent
19plan of adoption or placement in another permanent home, it shall
20include a statement of the child’s wishes regarding their permanent
21placement plan and an assessment of those stated wishes. The
22agency shall also include documentation of the steps the agency
23is taking to find an adoptive family or other permanent living
24arrangements for the child; to place the child with an adoptive
25family, an appropriate and willing relative, a legal guardian, or in
26another planned permanent living arrangement; and to finalize the
27adoption or legal guardianship. At a minimum, the documentation
28shall include child-specific recruitment efforts, such as the use of
29state, regional, and national adoption exchanges, including
30electronic exchange systems, when the child has been freed for
31adoption. If the plan is for kinship guardianship, the case plan shall
32document how the child meets the kinship guardianship eligibility
33requirements.

34(16) (A) When appropriate, for a child who is 16 years of age
35or older and, commencing January 1, 2012, for a nonminor
36dependent, the case plan shall include the transitional independent
37living planbegin delete (TILP)end deletebegin insert (TILP),end insert a written description of the programs
38and services that will help the child, consistent with the child’s
39best interests,begin insert toend insert prepare for the transition from foster care to
40independent living, and, in addition, whether the youth has an
P75   1in-progress application pending for Title XVI Supplemental
2Security Income benefits or for Special Immigrant Juvenile Status
3or other applicable application for legal residency and an active
4dependency case is required for that application. When appropriate,
5for a nonminor dependent, the transitional independent living case
6plan, as described in subdivision (v) of Section 11400, shall include
7the TILP, a written description of the programs and services that
8will help the nonminor dependent, consistent with his or her best
9interests, to prepare for transition from foster care and assist the
10youth in meeting the eligibility criteria set forth in paragraphs (1)
11to (5), inclusive, of subdivision (b) Section 11403. If applicable,
12the case plan shall describe the individualized supervision provided
13in the supervised independent living placement as defined in
14subdivision (w) of Section 11400. The case plan shall be developed
15with the child or nonminor dependent and individuals identified
16as important to the child or nonminor dependent, and shall include
17steps the agency is taking to ensure that the child or nonminor
18dependent achieves permanence, including maintaining or
19obtaining permanent connections to caring and committed adults.

20(B) During the 90-day period prior to the participant attaining
2118 years of age or older as the state may elect under Section
22475(8)(B)(iii) of the federal Social Security Act (42 U.S.C. Sec.
23675(8)(B)(iii)), whether during that period foster care maintenance
24payments are being made on the child’s behalf or the child is
25receiving benefits or services under Section 477 of the federal
26Social Security Act (42 U.S.C. Sec. 677), a caseworker or other
27appropriate agency staff or probation officer and other
28representatives of the participant, as appropriate, shall provide the
29youth or nonminor with assistance and support in developing the
30written 90-day transition plan, that is personalized at the direction
31of the child, information as detailed as the participant elects that
32shall include, but not be limited to, options regarding housing,
33health insurance, education, local opportunities for mentors and
34continuing support services, and workforce supports and
35employment services, a power of attorney for healthbegin delete careend deletebegin insert care,end insert
36 and information regarding the advance health care directive form.

37(C) For youth 16 years of age or older, the case plan shall
38include documentation that a consumer credit report was requested
39annually from each of the three major credit reporting agencies at
40no charge to the youth and that any results were provided to the
P76   1youth. For nonminor dependents, the case plan shall include
2documentation that the county assisted the nonminor dependent
3in obtaining his or her reports. The case plan shall include
4documentation of barriers, if any, to obtaining the credit reports.
5If the consumer credit report reveals any accounts, the case plan
6shall detail how the county ensured the youth received assistance
7with interpreting the credit report and resolving any inaccuracies,
8including any referrals made for the assistance.

9(g) If the court finds, after considering the case plan, that
10unsupervised sibling visitation is appropriate and has been
11consented to, the court shall order that the child or the child’s
12siblings, the child’s current caregiver, and the child’s prospective
13adoptive parents, if applicable, be provided with information
14necessary to accomplish this visitation. This section does not
15require or prohibit the social worker’s facilitation, transportation,
16or supervision of visits between the child and his or her siblings.

17(h) The case plan documentation on sibling placements required
18under this section shall not require modification of existing case
19plan forms until the Child Welfare Services Case Management
20System is implemented on a statewide basis.

21(i) When a child is 10 years of age or older and has been in
22out-of-home placement for six months or longer, the case plan
23shall include an identification of individuals, other than the child’s
24siblings, who are important to the child and actions necessary to
25maintain the child’s relationship with those individuals, provided
26that those relationships are in the best interest of the child. The
27social worker or probation officer shall ask every child who is 10
28years of age or older and who has been in out-of-home placement
29for six months or longer to identify individuals other than the
30child’s siblings who are important to the child, and may ask any
31other child to provide that information, as appropriate. The social
32worker or probation officer shall make efforts to identify other
33individuals who are important to the child, consistent with the
34child’s best interests.

35(j) The child’s caregiver shall be provided a copy of a plan
36outlining the child’s needs and services. The nonminor dependent’s
37caregiver shall be provided with a copy of the nonminor’s TILP.

38(k) On or before June 30, 2008, the department, in consultation
39with the County Welfare Directors Association of California and
40other advocates, shall develop a comprehensive plan to ensure that
P77   190 percent of foster children are visited by their caseworkers on a
2monthly basis by October 1, 2011, and that the majority of the
3visits occur in the residence of the child. The plan shall include
4any data reporting requirements necessary to comply with the
5provisions of the federal Child and Family Services Improvement
6Act of 2006 (Public Law 109-288).

7(l) The implementation and operation of the amendments to
8subdivision (i) enacted at the 2005-06 Regular Session shall be
9subject to appropriation through the budget process and by phase,
10as provided in Section 366.35.

11

begin deleteSEC. 11.end delete
12begin insertSEC. 10.end insert  

Section 16507.6 of the Welfare and Institutions Code
13 is amended to read:

14

16507.6.  

If a minor has been voluntarily placed with the county
15welfare department subsequent to January 1, 1982, for out-of-home
16placement by his or her parents or guardians pursuant to this
17chapter and the minor has remained out of their physical custody
18for a consecutive period not to exceed 180 days or at least 90 days
19before the minor attains 18 years of age, the department shall do
20one of the following:

21(a) Return the minor to the physical custody of his or her parents
22or guardians.

23(b) Refer the minor to a licensed adoption agency for
24consideration of adoptive planning and receipt of a permanent
25relinquishment of care and custody rights from the parents pursuant
26to Section 8700 of the Family Code.

27(c) Apply for a petition pursuant to Section 332 and file the
28petition with the juvenile court to have the minor declared a
29dependent child of the court under Section 300, in that return to
30the parental home would be contrary to the best interests of the
31child. The petition shall be filed, and the juvenile court shall issue
32a dispositional order in the case, if appropriate, prior to the minor
33attaining 18 years of age.

34(d) Refer the minor placed pursuant to paragraph (2) of
35subdivision (a) of Section 16507.3 to an interagency administrative
36review board as may be required in federal regulations. One
37member of the board shall be a licensed mental health practitioner.
38The review board shall review the appropriateness and continued
39necessity of six additional months of voluntary placement, the
40extent of the compliance with the voluntary placement plan, and
P78   1the adequacy of services to the family and child. If the minor
2cannot be returned home by the 12th month of voluntary placement
3services, the department shall proceed pursuant to subdivision (b)
4or (c).

5(e) Refer the minor placed pursuant to paragraph (1) of
6subdivision (a) of Section 16507.3 to an administrative review
7board as may be required in federal regulations and as described
8in subdivision (b) of Section 16503. If the minor cannot be returned
9home by the 12th month of voluntary placement services, the
10department shall proceed as described in begin deleteparagraph subdivisions end delete
11begin insert subdivision end insert(b), (c), or (d).

12begin insert

begin insertSEC. 11.end insert  

end insert
begin insert

(a) Section 4.5 of this bill incorporates amendments
13to Section 727 of the Welfare and Institutions Code proposed by
14both this bill and Assembly Bill 346. It shall only become operative
15if (1) both bills are enacted and become effective on or before
16January 1, 2014, (2) each bill amends Section 727 of the Welfare
17and Institutions Code, and (3) this bill is enacted after Assembly
18Bill 346, in which case Section 4 of this bill shall not become
19operative.

end insert
begin insert

20(b) Section 6.5 of this bill incorporates amendments to Section
2111400 of the Welfare and Institutions Code proposed by both this
22bill and Assembly Bill 346. It shall only become operative if (1)
23both bills are enacted and become effective on or before January
241, 2014, (2) each bill amends Section 11400 of the Welfare and
25Institutions Code, and (3) this bill is enacted after Assembly Bill
26346, in which case Section 6 of this bill shall not become operative.

end insert
27

SEC. 12.  

If the Commission on State Mandates determines
28that this act contains costs mandated by the state, reimbursement
29to local agencies and school districts for those costs shall be made
30pursuant to Part 7 (commencing with Section 17500) of Division
314 of Title 2 of the Government Code.



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